How Pre-Existing Conditions Affect Your Personal Injury Case

When you are already in poor health or recovering from an injury, an accident can be especially jarring. Worse, insurers might assert that your injuries from the accident were pre-existing and that the defendant shouldn’t owe you compensation.

Understanding how pre-existing conditions affect a personal injury case can help anticipate what comes next. You may still have a case against the negligent party, but you will need evidence to show the difference between your pre-existing condition and how the accident aggravated it.

A personal injury attorney can provide legal guidance through this process.

The Eggshell Plaintiff Rule

Kansas personal injury law recognizes the “eggshell plaintiff rule” to guide how the courts handle pre-existing medical conditions and personal injury claims. This rule asserts that an at-fault party must take the injured victim “as they find them.” So if an accident victim is more susceptible to injury than the average person, the at-fault party is still responsible for the harm their actions caused.

Even if a healthy person may not have suffered the same level of harm as you in the accident, the at-fault party is responsible for what you suffered. The challenge becomes distinguishing this harm from your pre-existing conditions.

Calculating Compensation for Additional Harm

The defendant does not owe you compensation for your entire medical circumstances. They are only responsible for aggravating a pre-existing condition caused by their negligence. You and your Kansas personal injury lawyer can estimate the value of this compensation by examining factors like the degree of change in your condition and the additional medical treatment required.

Because “aggravation of a medical condition” can be challenging to quantify in terms of monetary value, you may benefit from seeking medical expert opinions. Your doctor can provide a written report of how your condition has worsened since the accident. Meanwhile, you can provide journal entries or notes about the new impact on your daily life or ability to work.

Proving Aggravation vs. Reappearance of an Existing Injury

Insurance companies often look for holes in your story to attempt to discredit your claim. When you have pre-existing medical conditions, the insurer may point to these as evidence that your condition is not the defendant’s fault or responsibility.

You and your attorney will need to provide evidence demonstrating how the accident aggravated a pre-existing injury, such as:

• Medical records from before and after the accident, showing how your condition has changed
• X-rays and test results providing clear evidence of a change in condition
• Symptom journals showing how your pain and other symptoms have worsened

This evidence will also be key in filing a personal injury lawsuit.

Seek Legal Guidance From a Kansas Personal Injury Lawyer

If you are already struggling with your health, an accident that worsens your condition can be extremely frustrating. Considering how pre-existing conditions can affect a personal injury case, having strong legal representation is key.

At Larry Wall Trial Law, we help accident victims seek fair compensation so they can begin moving forward. Review our guide that answers the question “Is it worth hiring a personal injury attorney?” Then request a free consultation with our attorneys by calling 316-265-6000.