The Impact of Pre-Existing Conditions in a Car Accident Case
You must have come across at least one scenario where a car accident victim is denied compensation due to a pre-existing condition. Chances are, it's happening to you right now.
It surely seems quite unfair for car accident victims to go through this. Although you cannot recover compensation for pre-existing conditions after a car accident, you can file a claim if the accident made the pre-existing condition worse.
The sections below talk about pre-existing conditions in detail.
What are Pre-existing Conditions?
Generally, a pre-existing injury or health condition is referred to as the illness or injury that one may have had before an insurance claim.
In other words, a pre-existing health condition is one that hasn't completely healed or one for which you're presently receiving treatment.
As one with a pre-existing condition, you would have received a diagnosis of this issue before your accident happened.
Despite the claim laws varying from state to state, the pre-existing health condition might make it more difficult for you to file a claim.
It doesn't matter even if the condition has been properly managed, it may be hard to prove the role of the pre-existing condition in the current accident. The insurance company may leverage this information to adjust your claim or even deny it.
However, this doesn't mean you can't fight to get what's yours; all you need is a great lawyer to help turn this around in your favor.
Your insurance company will request medical proof, among other things, to show that your condition was worsened by the accident you recently encountered. All that they do is merely an attempt to cheat you out of the premium that you are owed.
The Effects of Pre-Existing Conditions in a Car Accident Case
These are the impacts preexisting conditions can have on a car accident case:
Extra Attention on Your Injuries
When you already have an injury or health condition, insurance companies and lawyers will look at it closely. The reason for this is that they want to figure out if the accident actually caused any new damage or if it just brought out symptoms from something you already had. Your compensation may take a hit if it's the latter.
The Eggshell Plaintiff Rule
Several courts in the US now make use of this doctrine as regards pre-existing health conditions.
The "eggshell plaintiff" rule states that the defendant must take the plaintiff as they find them. It implies that if a person with a pre-existing condition suffers more serious injuries in a car accident than a healthy person would, the faulty party is still liable for the full extent of the injuries.
Damages
Compensation might be modified based on your pre-existing condition versus what was caused or worsened by the accident.
Most insurance companies and defense attorneys usually argue that a portion of the medical costs and damages are due to the pre-existing condition rather than the accident itself, and this can eventually reduce the final claim amount.
Shared Responsibility for Pain
Sometimes, if your pre-existing condition plays a big part in your current pain, the court might decide to split the blame.
Let's say you already had a back issue, and the accident made it worse. They might calculate compensation based just on the extra damage from the accident rather than your entire injury. It could mean that you would get a smaller payout, but it's still better than nothing.
Conclusion
A pre-existing condition is often a defense used by the at-fault party's insurance company to reduce the compensation. Although it sounds scary on paper, accident victims can counter it if they provide sufficient evidence.
A car accident lawyer helps as well. They will deal with claims of pre-existing conditions made by the insurance company and make sure you get fair compensation for your losses.