Personal injury cases can be complex, and they can be made more complex if the person who has been injured suffered from a preexisting medical condition. Whether it’s a chronic illness, previous injury, or other health issue, preexisting conditions can complicate the process of seeking compensation for a new injury after an accident. Having a preexisting condition does not mean that you are ineligible for compensation, however. With the right approach and the best legal guidance in your corner, it’s possible to navigate personal injury settlements successfully even with a preexisting condition.
At The Lovely Law Firm, we are here to help you. No matter whether you were 100% healthy before your accident or you already had a preexisting medical condition, we are happy to meet with you to discuss your case and give you advice about the best way to move forward.
On This Page:
What To Do When You’ve Been Injured In An Accident But Have A Preexisting Medical Condition
Did Your Accident Exacerbate A Previous Condition?
Common Preexisting Medical Conditions That Could Affect A Personal Injury Claim
The Eggshell Skull Rule in South Carolina
The Importance of Proving Causation in Personal Injury Cases
What To Do When You’ve Been Injured In An Accident But Have A Preexisting Medical Condition
First and foremost, it’s critical that you disclose any preexisting conditions to your personal injury attorney as soon as you can. Giving a full rundown of your medical history will allow your legal team to develop an effective strategy tailored to your specific situation. Your attorney will be able to assess how your preexisting condition may impact your case and advise you on the best course of action.
It is also important to document everything you can be related to both your preexisting condition and any new injuries you’ve sustained. A medical professional will need to show clearly how your preexisting condition has been worsened by your new injuries and that it has impacted your day-to-day life negatively.
Insurance companies will often scrutinize injury claims that involve preexisting conditions, looking for any opportunity to minimize or deny compensation. It’s essential to have a skilled negotiator on your side who can advocate for your rights and ensure you receive fair compensation for your injuries. Your attorney will negotiate with the insurance companies on your behalf, explaining how the new injuries or worsened injuries deserve to be compensated, and fighting to get you the maximum settlement possible.
Did Your Accident Exacerbate A Previous Condition?
One common thing that happens when people are injured who already have a medical condition is that it becomes exacerbated or worsened due to the new injuries they have sustained in the accident. If it can be shown that the accident caused additional harm or aggravated your existing medical issues, you may be entitled to compensation for the exacerbation of your condition. This can include reimbursement for medical expenses, lost wages, pain and suffering, and other damages directly related to the accident.
Common Preexisting Medical Conditions That Could Affect A Personal Injury Claim
There are a number of common preexisting injuries a person may have that could impact how an insurance company will respond to their claim for compensation. Some of these include:
- Chronic neck or back issues such as spinal cord injuries, or herniated discs
- Previously broken bones
- Strains and sprains such as stretched or torn ligaments
- Previous head injury or history of concussions, including TBIs (traumatic brain injuries)
- Other conditions such as arthritis, degenerative disc disease, diabetes, fibromyalgia, and; cardiovascular disease.
The Eggshell Skull Rule in South Carolina
South Carolina along with many other states in America use the Eggshell Skull Rule, also known as eggshell plaintiff doctrine. This rule puts emphasis on the principle of fairness in personal injury cases and ensures that defendants cannot escape liability in an accident by claiming that the plaintiff’s preexisting condition and vulnerabilities played a role in their injuries. This rule applies to truck accident cases in South Carolina.
The Importance of Proving Causation in Personal Injury Cases
One of the key things that comes into play when someone is injured who has a preexisting medical condition is proving causation. Your attorney will work to establish a clear link between the accident you were in and the exacerbation of your condition through medical records, expert testimony, and other evidence. This may involve obtaining medical opinions from treating physicians or specialists who can attest to the impact of the accident on your health. We have had medical professionals put together graphs showing the spike in medical care and appointments after at accident as opposed to before to show that the accident clearly impacted their health.
If a fair settlement cannot be reached through negotiation with insurance companies, then it may be necessary to file a lawsuit to pursue compensation for your injuries. When this is the case, you want to hire the best personal injury lawyer near you. One that has experience litigating cases that involve preexisting conditions. This will significantly strengthen your position and improve your chances of obtaining fair compensation after your accident.
Contact A Personal Injury Attorney Near You in Myrtle Beach
Ultimately, navigating personal injury settlements with a preexisting condition requires careful attention to detail, thorough documentation of medical records, and strong legal representation. By working with an experienced attorney in your area who understands these types of cases, you can pursue the compensation you deserve and focus on your recovery without added stress or uncertainty. At The Lovely Law Firm in Myrtle Beach, we have experience helping clients who have preexisting conditions and have been injured in an accident. Contact our office today online or call 843-281-7283 to schedule a free case evaluation.
What a Happy Client Says About The Lovely Law Firm on Google
Amy Lovely and her team were absolutely amazing from start to finish when we needed them most. Professional, timely and kept us informed through entire process. You can definitely trust them to walk you through the process and the entire team is great at the office. Highly recommend!
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