Many people are struggling with injuries or illnesses of some sort. When they get into an accident, their previous condition can worsen substantially. What was a manageable condition or injury suddenly left them flat on their backs in pain. At West Law Firm Personal Injury Lawyers, we fight for accident victims when they are struggling with serious injuries. You should receive compensation after an accident that isn’t your fault, but you face an uphill climb. Defendants and their insurers have an incentive to claim all your pain stems from a pre-existing medical condition or prior accident. Contact us to speak with a Moncks Corner, SC personal injury lawyer to schedule a free consultation.
How Pre-Existing Conditions Make You Vulnerable
Certain conditions make a person more vulnerable to injury:
- Prior concussion—a previous concussion makes it more likely that you’ll suffer more dramatic consequences with a second or third concussion.
- Joint injuries—a knee or elbow injury could lead to pain and arthritis.
- Hypertension—high blood pressure is a silent problem for tens of millions of Americans, and you could suffer a stroke or heart attack after a serious accident.
- Osteoporosis—this condition weakens the bones, which can shatter more easily.
- Hemophilia—this disorder prevents blood from clotting normally and can lead to serious injury.
- Spinal stenosis—this is a narrowing of the channel in your spinal column, often the result of a prior injury.
- Mental health conditions—you might already be struggling with depression or anxiety.
Anyone suffering from one of these conditions could end up aggravating the condition or suffering a predictable side effect. For example, osteoporosis makes bones easier to break. A simple fall could fracture someone’s hip and lead to a cascade of problems.
Accidents That Aggravate Prior Conditions
You can suffer worsened injuries in all types of accidents:
- Car accidents and truck accidents—the trauma can easily aggravate a prior brain injury, joint injury, or pre-existing back injury.
- Slip and falls—victims can hit their heads, which makes a concussion much worse. Some people with osteoporosis might fall even after a slight bump because a thigh or hip bone shatters, sending them to the floor.
- Dog bite accidents—a victims’ anxiety and depression could worsen considerably after an attack. A hemophiliac could lose a considerable amount of blood, also.
In short, any traumatic accident can aggravate a prior condition. Call West Law Firm Personal Injury Lawyers to discuss your case.
Are You Entitled to Compensation?
You can demand compensation if an accident makes a pre-existing condition worse. For example, imagine you hurt your knee at work. A week later, you are involved in a car accident and ram your knee into the dash. Your pain increases tenfold, and you suddenly can’t walk. The car accident made your knee condition worse, so you can seek financial compensation from the defendant.
Similar problems arise with hypertension. Suppose you are involved in a truck accident. You survive, but the sudden trauma causes a heart attack. You might need emergency transportation to the hospital, surgery and time in the intensive care unit. You should receive compensation for these expenses.
A settlement should request compensation for all damages:
- Increase in your pain and suffering;
- Mental anguish or emotional distress;
- Medical care to treat your aggravated injury and new injuries;
- Property damage (such as necessary car repairs);
- Lost wages or income caused by the aggravation;
- Future expenses, such as ongoing rehabilitation or future surgeries;
- Loss of earning capacity if you can’t return to your old job in the future.
The Eggshell Plaintiff Rule
South Carolina courts have long recognized that certain pre-existing injuries or medical conditions make people especially vulnerable to injury. Defendants have raised this “eggshell plaintiff” argument.
In short, they argue the victim was unusually vulnerable to injury, so the defendant should not be liable.
South Carolina courts have rejected the “eggshell plaintiff” defense. A defendant can’t argue, “I was going so slow a normal person wouldn’t have suffered an injury.” Instead, a negligent defendant is liable for all injuries and damages which flow from the accident.
How Defendants Use Pre-Existing Conditions Against You
Although courts have rejected the eggshell victim defense, the defendant can still use your medical history against you. For example, they might claim your pain is entirely due to a prior accident. In other words, the defendant claims their actions didn’t really injure you. That’s a different argument than the “eggshell plaintiff” defense.
We need evidence that shows how the accident made your prior condition worse. Our firm typically relies on the following in personal injury claims and pre-existing conditions:
- Your medical history
- Test results, including CT scans and MRIs
- Expert medical witnesses
- A pain journal or other evidence showing how your pain is worse after the accident
Proving psychological injuries is especially challenging. We might ask your friends or family to offer testimony about how you have changed. For example, you might always have had high anxiety. But after a car accident, your anxiety could have worsened to the point you don’t leave the house.
You might also have suffered new injuries, too. You can receive compensation for all new injuries caused by the defendant.
Disclosing a Pre-Existing Condition to Your Lawyer
Many people dislike talking about their medical history. But you should be forthright with your legal team. A personal injury claim with a pre-existing condition is challenging to win. You’ll only hurt yourself if you try to hide your medical history.
Even worse, the defense will get copies of all your medical records, which means they’ll find if you were previously injured in an accident or suffer from a medical condition. There’s no reason to try and hide that fact.
What to Do if You Have a Personal Injury Claim Denied for Pre-Existing Condition?
You should work closely with an attorney who can negotiate a settlement on your behalf. We regularly hear from people who tried to handle their own car accident case, only to have an insurer reject them. Please pull together the following and call us:
- Accident report
- Medical records
- Medical bills
- Paystubs or proof of income
- Information about medical providers who have treated you
Then you should call our office as soon as possible. A Berkeley County car accident lawyer can review what happened. We have served the Lowcountry since 1945, and we understand how insurance companies approach these cases.
Deadlines for Filing a Personal Injury Claim
South Carolina’s statute of limitations provides the maximum amount of time you get to file a lawsuit.
Currently, the limit is three years, which begins the day of the accident. The law provides some limited exceptions, but we encourage you to meet with an attorney as soon as possible. What happens if you miss the deadline? Then the defendant can get away without paying any compensation at all.
Do You have a Personal Injury Claim with a Pre-Existing Condition?
Our firm has taken the lead in advocating for victims’ rights. We believe that everyone deserves an experienced lawyer to represent them after a car accident. Never trust the insurance companies to put your interests first. They are looking out only for themselves.
Contact our office to schedule a free, no-obligation consultation where we’ll listen to your story, understand the details of the accident, and assess any injuries or pre-existing conditions involved.
Based on this, we’ll provide an initial assessment of your claim’s strength, and if you choose us, we’ll start fighting for the justice you deserve right away. Call us at 843-483-8630 to get started today.