How Health Impacts Your Personal Injury Compensation Claim

Suffered an injury in an accident? Worrying that pre-existing health conditions are hurting your chances of a fair settlement?

You’re not alone. Fortunately, a pre-existing condition doesn’t automatically disqualify you from getting compensated. However, insurance companies will try and use your health history against you. Visit kaufmanlawatlanta.com to find out how working with a skilled personal injury attorney, who knows how health factors impact a claim, is critical to protect your rights and maximize your settlement. 

But how exactly does health affect your claim? Let’s explore.

What You’ll Learn in this Article:

• What Are Pre-Existing Conditions?
• Eggshell Plaintiff Rule Can Help You Recover Compensation
• How Insurance Companies Attack Health Factors
• Proving the Accident Worsened Your Condition
• Types of Compensation You Can Recover
• Common Health Conditions That Complicate Claims
• Don’t Let Insurance Companies Intimidate You
• You Need an Attorney For Health-Related Injury Claims
• Taking Action Now
• Final Thoughts

What Are Pre-Existing Conditions?

Pre-existing conditions, also called pre-existing injuries or pre-existing health problems, refer to any health issue you suffered from prior to an accident. These can include ongoing medical conditions such as:

• Chronic pain
• Arthritis
• Previous injuries
• Past surgeries
• Mental health conditions like anxiety and depression

…among others. Here’s the thing… You can still recover compensation even if you have pre-existing conditions. The law does not penalize you for having health problems or medical conditions before your accident.

What matters is if the accident worsened the condition.

Eggshell Plaintiff Rule Protects You

Here’s a fact you should know…

The good news is the law is on your side. There is a legal concept called the “eggshell plaintiff” rule, which works to your advantage. The rule says that defendants must “take their victims as they find them.” In simple terms, this means:

If you have a pre-existing condition that made you susceptible to more serious injuries, then the person who hurt you is responsible for all the harm they caused, whether it was more or less severe than what an average person would have suffered.

The eggshell plaintiff rule evens the playing field for all injury victims.

How Insurance Companies Attack Your Health History

Insurance adjusters are never on your side. They are paid to pay out as little as possible, which means they will do everything they can to lower your compensation, including attacking your health history.

Here are some common ways they will try and use your health conditions against you.

They’ll Blame Everything On Your Pre-Existing Condition

The insurance company will do everything they can to argue that your pain and injuries are all the result of your old condition, and not the accident. It will be their primary defense.

They’ll Request Your Entire Medical History

Insurance adjusters often request that you sign a medical release form so they can “verify your injuries.”

This is a lie.

In reality, they will use that medical release form to look at your entire medical history to try and find something they can use against you. Never sign a blanket medical release without first talking to an attorney.

They’ll Downplay The Extent To Which You Got Worse

If they have to, they’ll admit the accident made you worse, but only by a little bit. That allows them to greatly reduce the value of your claim.

That’s why 91% of people with experienced attorneys receive settlement payouts, while only 51% of those without legal representation do.

Proving The Accident Aggravated Your Condition

Getting fair compensation for aggravating a pre-existing condition requires that you prove the accident made your condition worse.

This is called aggravation or exacerbation, and it’s not as easy as simply testifying “my back pain is worse now.” You need to provide proof of it.

Your Medical Records Are Key

Your medical records from before the accident are critical. This is what will establish a baseline for your condition. Let’s say before the accident, you had some back pain, but you could manage it with some physical therapy once in a while. After the accident, you can’t work anymore, you require surgery, and your back pain is far worse. This can help prove aggravation.

Expert Medical Testimony

The testimony of medical experts can be the deciding factor between whether you get compensation or not. This is because:

Medical experts will review your medical history and current condition to determine exactly how the accident affected you. Their professional opinions carry a lot of weight in court and settlement negotiations.

Document Every Change

After an accident, take detailed notes on everything. Keep a pain journal. Document any activity you can no longer do that you once could do before the accident. All of this information helps paint a picture of how your life has changed after the accident.

Types Of Compensation You Can Recover

When an accident causes the aggravation of a pre-existing condition, you are entitled to compensation for the increased severity and impact of that condition. This includes:

• Medical expenses
• Lost wages
• Pain and suffering
• Loss of quality of life

You know those who work with a lawyer have payouts nearly 3 times higher on average.

Common Health Conditions That Complicate Claims

Certain pre-existing conditions occur far more frequently in personal injury cases. The most common include:

• Back and neck injuries
• Arthritis
• Previous fractures
• Mental health conditions such as anxiety and depression

…but any health condition can complicate a personal injury claim.

The key with all of these conditions is documentation.

The more clearly you can show what your health was like prior to the accident versus after it, the stronger your case will be.

Don’t Let Insurance Companies Intimidate You

Insurance adjusters will do everything they can to make you feel like you do not deserve compensation because of your health history.

Do not let them get to you. Remember that approximately 95% of personal injury cases settle before trial. Insurance companies will pay up if they know you have evidence that will make it difficult for them to win at trial and that you have the services of a skilled attorney.

Act now. The longer you wait, the more ammunition the insurance company has to argue your injuries aren’t serious.

For example, a delay in seeking medical care after an accident is a tactic insurance companies use against people. If someone hurt you in an accident, see a doctor as soon as possible, even if you think your injuries are not severe.

You Need An Attorney For Health-Related Injury Claims

Cases involving pre-existing conditions are more complicated than the average injury claim.

Insurance companies have entire teams dedicated to finding ways to deny these claims. You need someone on your side who knows how to fight back.

An experienced attorney will gather medical records, work with medical experts to prove aggravation, counter insurance company tactics, and negotiate hard for the best possible outcome.

Attempting to fight for your compensation without legal help leaves you severely disadvantaged.

Taking Action Now

Your health conditions should not determine whether or not you get the justice you deserve after someone else injures you.

Pre-existing conditions make a claim more complex, but they do not make them impossible. With the right evidence and legal representation, you can show how an accident made your health worse and recover fair compensation.

Don’t do this alone. Insurance companies are betting you’ll accept the first lowball offer they give you. Get the help of an attorney who has experience with these types of cases.

With nearly 400,000 personal injury claims filed each year, many people with pre-existing conditions have recovered fair compensation. You can too.

Final Thoughts

Health conditions and factors make personal injury claims more complex, but not impossible. There are many laws that protect you and skilled medical experts who can testify as to how the accident made you worse.

Experienced attorneys know how to counter insurance company tactics and gather the evidence necessary to show a jury how a defendant harmed you.

If you suffered an injury in an accident and have pre-existing conditions, contact a personal injury attorney right away. Most offer free case evaluations. Your health conditions existed before the accident, but the injuries another person caused you after the accident? Those are on them, and they should pay for it.