A pre-existing condition should not affect your right to compensation in a Connecticut personal injury claim. However, insurance companies may try to use your condition to reduce your compensation or deny your claim. Working with a skilled lawyer is crucial to protect your rights.
What Is a Pre-Existing Condition?
A pre-existing condition is a health condition you experience before an accident that can make your injuries worse. A pre-existing condition could be anything from a heart condition to a prior injury or a genetic disorder.
Pre-existing conditions’ impact on your Connecticut personal injury claim can result from the fact that insurance companies often use them to reduce victims’ compensation or deny their claims – even though they’re not supposed to. For instance, they may argue a person’s injuries are related to the condition instead of the accident, meaning they shouldn’t be liable for paying them compensation.
The key to successfully recovering compensation in cases where pre-existing conditions have exacerbated your injuries is to link your new or worsened injuries to the accident and demonstrate how they occurred. An experienced personal injury attorney can gather evidence to support your case and counter the insurance company’s attempts to reduce or deny your claim.
What Are Common Types of Pre-Existing Conditions?
Pre-existing conditions come in many forms. Some of the most common examples of pre-existing conditions that can be aggravated in an injury accident include:
- Back or neck injuries – Conditions like herniated discs or chronic back pain can become significantly worse after an accident, leading to increased pain, mobility issues, or the need for additional treatment like surgery or physical therapy.
- Arthritis – People with arthritis may experience more severe joint pain or inflammation after an accident. The trauma from a car crash or similar incident can aggravate already weakened joints, making recovery longer and more difficult.
- Heart conditions – Stress from an accident can worsen heart problems like high blood pressure or heart disease, putting the person at risk for more severe complications, such as heart attacks or chest pain.
- Prior bone fractures – Bones that have previously been broken are more vulnerable to re-injury. An accident could cause an old fracture to reopen or worsen, requiring further medical treatment.
- Whiplash – If someone has suffered from whiplash in the past, their neck could be more susceptible to further damage in another accident, leading to more severe symptoms and a longer recovery time.
- Knee or joint injuries – Pre-existing knee or joint issues, such as ligament tears or cartilage damage, can get worse due to a new injury, potentially leading to surgery or more extensive rehabilitation.
- Osteoporosis – Osteoporosis is a health condition that weakens the bones, making them more likely to break in an accident. A minor impact that wouldn’t normally cause a fracture in a healthy person could result in serious breaks or multiple fractures for someone with osteoporosis.
- Degenerative disc disease – People with this condition may already have weakened or damaged spinal discs. In a car accident or slip-and-fall, the trauma can lead to more severe disc damage, causing intense pain, limited mobility, or the need for surgery.
- Fibromyalgia – This condition causes chronic pain and sensitivity throughout the body. Even a small accident can trigger flare-ups, leading to increased pain and fatigue that could last for weeks or months after the incident.
- Concussions or head injuries – People who have had concussions or other head injuries are at higher risk for more severe brain injuries if they experience another blow to the head in an accident. This can lead to lasting symptoms like headaches, memory problems, or cognitive impairments.
What Is the Eggshell Skull Rule?
The eggshell skull rule is the legal principle that if someone has a pre-existing condition and sustains injuries due to another party’s negligence, the at-fault party is still responsible for the injured person’s losses. In other words, the law requires the at fault party to take injured parties as they are, even if they are more susceptible to injury.
The eggshell rule is crucial in personal injury cases because it prevents negligent parties from dodging responsibility for the harm they cause. Without this rule, people could avoid liability for their actions by claiming whoever they injured had a pre-existing condition, preventing people with these conditions from recovering the compensation they deserve after an accident. If you have questions about your case, contact our Hartford personal injury attorney today.
What Happens If I Do Not Disclose a Pre-Existing Condition When Filing a Personal Injury Claim?
It’s vital to disclose any pre-existing conditions when you file a personal injury claim. The insurance company will likely discover an undisclosed pre-existing condition anyway, as they’ll want copies of your medical records before paying your claim. If they do, they may try to claim you were lying or attempting to conceal a prior injury or condition to defraud them.
Disclosing a pre-existing condition might seem counterintuitive, but honesty is the best approach in these cases. Your attorney can push back against the insurance company’s efforts to deny you compensation and make sure you provide them only with the medical information they need for your claim.
How Can a Lawyer Help Me with a Personal Injury Lawsuit If I Have a Pre-Existing Condition?
A Connecticut personal injury attorney is your best ally when you have a pre-existing condition that was exacerbated by the incident that harmed you. Your lawyer can provide the insurance company with the medical information they need without disclosing more of your medical history than is necessary. They can also use your medical records and other evidence to show how your injuries resulted from the accident, not your pre-existing condition.
In addition to these steps, your attorney will handle settlement negotiations on your behalf and defend your rights in court if necessary. Their job is to make life easier for you, allowing you to focus on healing and putting your life back together.
Contact a Connecticut Personal Injury Lawyer
When a pre-existing condition complicates your personal injury claim, you need an experienced attorney to protect your rights and fight for the full and fair compensation you deserve. Contact the Connecticut personal injury lawyers at Jainchill & Beckert, LLC today for a free case review.
Our attorneys have over 55 years of combined legal experience maximizing results for injury victims. Clients say we are “skilled and experienced in many areas and also very efficient.” We treat each case with the personalized attention it deserves, putting all of our dedication and passion into it. Reach out today to find out how we can help you.
