Many people are struggling with injuries or illnesses of some sort. According to the Center for Medicare & Medicaid Services, approximately half of non-senior citizens and 86 percent of senior citizens have some form of a pre-existing condition. When they get into an accident, their previous condition can worsen. What was a manageable condition suddenly left them flat on their backs in pain. Worse yet, the personal injury claims process can be especially challenging for these victims.
At West Law Firm, accident victims struggling with serious injuries can and should still bring a claim. Although these claims can be more complicated, the fact that you had a pre-existing condition prior to your accident absolutely does not make you ineligible for compensation. In this article, our Moncks Corner personal injury lawyer provides a guide to claims with pre-existing conditions in South Carolina.
What is a Pre-Existing Condition?
Broadly defined, a pre-existing condition is any injury, illness, or medical condition that a person already has. The concept is relevant for a wide range of different contexts—from personal injury cases to health insurance/long-term disability insurance issues. These conditions can range from chronic illnesses like diabetes, asthma, or heart disease to past injuries or previous surgeries. In personal injury claims, insurers may argue that a claimant’s injuries were pre-existing to reduce or deny compensation. That makes it essential that they can provide clear, compelling medical evidence that distinguishes new injuries from any prior conditions.
How Pre-Existing Conditions Make You Vulnerable
Pre-existing conditions can increase vulnerability to accidents by affecting physical ability, coordination, or overall well-being. A person with an existing health issue may have a reduced ability to react quickly, maintain balance, or withstand physical stress. Beyond that, some conditions can cause unexpected symptoms, such as dizziness or weakness, which could lead to falls or other incidents. 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.
- Diabetes—uncontrolled blood sugar levels can lead to dizziness, neuropathy, or delayed wound healing. It can make a person more susceptible to complications after an accident.
- Neuropathy—nerve damage can result in numbness or weakness in the extremities. Notably, it can increase the risk of tripping or failing to react quickly to hazards.
- Vertigo—chronic dizziness or balance issues can make it easier to lose footing. It can sometimes leave a person with serious complications after an accident.
- Chronic Respiratory Conditions—difficulty breathing can limit mobility and endurance. It can increase the severity of certain types of accidents.
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
Any accident has the potential to cause serious injuries. For a person who has a pre-existing condition, any accident could potentially exacerbate that condition and/or cause new medical complications. Indeed, you can suffer worsened injuries in all types of accidents, including:
- 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 victim’s anxiety and depression could worsen considerably after an attack. A hemophiliac could lose a considerable amount of blood, also.
- Boating accidents—South Carolina is one of the best states for recreational boating. However, a person with a pre-existing condition is more vulnerable if an accident happens.
- Workplace accidents—The fact that you have a pre-existing medical issue should not prevent you from getting a great job. You may even have legal protections under the Americans with Disabilities Act (ADA). However, you could also be more susceptible to suffering harm in an accident if you have a pre-existing ailment.
In short, any traumatic accident can aggravate a prior condition. No matter how you were hurt, it is imperative that you have a skilled advocate on your side. Call West Law Firm Personal Injury Lawyers to discuss your case. Our South Carolina personal injury lawyers know how to take on cases involving pre-existing conditions.
Recovering the Maximum Compensation After an Accident (With a Pre-Existing Condition)
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.
A Comprehensive Guide to the Eggshell Plaintiff Rule in South Carolina
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. Here is the key thing to know about the law in South Carolina:
- That a Victim Had a Pre-Existing Condition is Not a Defense: 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.
The Bottom Line: South Carolina law holds that a negligent defendant can be held fully liable for a plaintiff’s injuries, even if the plaintiff had a pre-existing condition that made them more vulnerable to harm. The defendant cannot get out of their blame simply because the plaintiff’s injuries would have been less severe if they were in better health. Instead, the defendant must take the plaintiff “as they find them—they are still responsible for all damages, even if an ordinary person might have suffered less harm.
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. It is crucial that you are fully prepared for the type of defense strategy that you may face from an insurance company after an accident. A South Carolina personal injury lawyer with experience representing people with pre-existing conditions can help.
Medical Evidence is the Key to Pursuing a Personal Injury Claim
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 (Why You Need to Do It)
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 out if you were previously injured in an accident or suffered from a medical condition. There’s no reason to try and hide that fact.
Know the Law: Deadlines for Filing a Personal Injury Claim in South Carolina
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. You do not want to fall behind the insurance company in the claims process—especially if you have a pre-existing condition. Take a proactive approach: Consult with a South Carolina personal injury lawyer right away.
Why Injured Victims With Pre-Existing Medical Issues Trust The West Law Office
Personal injury claims are complicated—especially so for those who are dealing with pre-existing conditions. It is normal to have a lot of questions about your case and your options. You do not have to take on a big insurance company alone. 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. At the West Law Firm, we are aggressive and justice-focused. With a proven record of case results, we put a strong emphasis on personalized representation. When you reach out to our Moncks Corner office, you will have a chance to consult with a South Carolina personal injury lawyer who can:
- Listen to your story and answer questions about your case;
- Investigate your accident—gathering evidence to prove fault;
- Gather and organize your medical records;
- Clearly distinguish new and worsened injuries from your previous issues;
- Advocate for you in settlement negotiations with defendants/insurers and
- Take action to help you secure the absolute maximum financial compensation.
Schedule a Free Consultation With Our South Carolina Personal Injury Lawyer Today
At the West Law Firm, we offer free, no-obligation consultations to victims and families. We will 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 843-438-5426 or contact us online to get started today. From our office in Moncks Corner, we fight for the rights of injured victims throughout all of the surrounding region in South Carolina.