When you have been injured due to someone else’s negligence, securing fair compensation can be challenging if you have a pre-existing medical condition. This is because insurance companies may try to use your past injuries against you, arguing that your current pain or limitations are related to your pre-existing conditions, rather than injuries you sustained in the accident.
Successfully navigating a personal injury claim involving pre-existing conditions demands a deep understanding of personal injury law and a strategic approach to clearly demonstrate how the new incident caused a new injury or an aggrevation of your prior condition. This article will explain how pre-existing conditions can affect your personal injury claim and what steps you can take to protect your rights.
Defining Pre-Existing Conditions in Personal Injury Law
In personal injury law, a pre-existing condition refers to a medical issue or physical ailment that existed before the accident or incident that gave rise to your claim. This could be something as minor as a previous sprain or as significant as a chronic illness.
The key factor is that the condition existed before the new injury occurred. It does not need to be actively causing symptoms at the time of the accident to be considered relevant.
Common Examples of Pre-Existing Conditions
Pre-existing conditions that frequently arise in personal injury cases include:
- Chronic back or neck pain
- Previous fractures or joint injuries
- Degenerative conditions such as arthritis
- Past surgeries or lingering post-surgical complications
- Old traumatic brain injuries or concussions
- Pre-diagnosed mental health issues, such as anxiety or PTSD
Even if these conditions were stable before the incident, a new accident can aggravate them, making it legally possible to pursue compensation for the worsening of those issues.
Will a Pre-Existing Condition Affect My Personal Injury Claim in Illinois?
Illinois law recognizes that many injury victims have existing health issues. However, that shouldn’t make them any less entitled to fair compensation. Here are two key legal principles that often apply in these cases:
‘The Eggshell’ Rule
Illinois courts follow the ‘eggshell plaintiff’ rule, which means that a defendant is fully liable for a plaintiff’s injuries even if the plaintiff had a pre-existing condition that made them more vulnerable. In other words, the law requires the defendant to ‘take the plaintiff as they find them.’ If an accident aggravates an existing condition, the responsible party cannot escape liability simply because the victim was already injured or medically compromised.
Natural Progression of Pre-Existing Condition
By contrast, a plaintiff is not entitled to compensation if their worsening condition was caused by the natural progression of their pre-existing condition, rather than the accident. We often see this issue in relation to back and spine injuries.
It is very common for people to develop some degree of degeneration in their spine as they age. If a plaintiff injures their back in an accident and has prior imaging studies showing mild degeneration in their spine, the defense will often argue the plaintiff’s worsening back condition was not caused by the accident, but rather a natural progression of that pre-existing degeneration.
In these cases, compensation may be limited to the extent that the accident accelerated or aggravated that decline. Courts will often rely on medical evidence and expert testimony to determine how much of the current condition is due to the new injury versus the natural progression of the pre-existing one.
How Illinois Courts Evaluate Compensation with Pre-Existing Conditions
When pre-existing conditions are involved, personal injury compensation becomes more nuanced. Illinois courts and juries carefully examine the relationship between the accident and your prior health to determine what damages may be awarded.
Aggravation vs. New Injury
Courts make a clear distinction between entirely new injuries and the aggravation of existing ones. While you can’t recover compensation for a condition you already had, you can be compensated for how much worse that condition became due to the accident.
Apportionment of Damages
To calculate fair compensation, the court will assess how much of your current condition is due to the new incident versus your pre-existing health. This often involves expert medical testimony to help determine what portion of your injury is legally attributable to the defendant’s actions.
The Crucial Role of Medical Evidence in Personal Injury Claims
When pre-existing conditions are involved, strong medical evidence can make or break your personal injury claim. To ensure your case stands up to insurance scrutiny, you need to clearly show how the accident worsened your condition. You do this by providing:
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Comprehensive Medical Records
Accurate and detailed medical records help establish the condition you were in before the accident. They provide a clear baseline, making it possible to show how the incident worsened your health.
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Expert Testimony
Medical experts can explain how the accident impacted your pre-existing condition. Their insights help clarify the cause of your current symptoms and the extent to which the incident aggravated your prior injuries.
At Pullano & Siporin, we work closely with trusted medical professionals to build clear, compelling evidence that supports your right to full and fair compensation.
Pre-Existing Conditions and Insurance Tactics
Insurance companies are well-practiced in using pre-existing conditions as a tool to reduce or deny claims. Their goal is to minimize payouts, not to fairly assess your situation.
Tactics to Minimize Payouts
One common strategy insurers use is to claim that your injuries were not caused by the accident but were the result of an existing condition. They may argue that your current pain or limitations are simply the natural progression of a prior injury, hoping to shift blame and avoid liability.
The Importance of Transparency
Being upfront about your medical history is crucial. Concealing a pre-existing condition, even unintentionally, can seriously damage your credibility and weaken your entire case.
Partner with Experts Who Know the System
At Pullano & Siporin, our experienced trial attorneys help clients present their medical history honestly and strategically, showing how the accident clearly worsened their condition. By anticipating insurance tactics and preparing your case with thorough documentation and expert insight, we position you to overcome these challenges and fight for the full compensation you deserve.
Maximize Your Compensation with the Right Legal Strategy
Dealing with a personal injury claim that involves pre-existing conditions requires the right legal strategy from the start.
Early Legal Consultation
The sooner you speak with an experienced personal injury lawyer, the better. Early involvement allows your legal team to gather critical evidence, protect your rights, and manage how your pre-existing condition is presented before insurance companies try to use it against you.
Tailored Legal Approach
No two cases are the same. A successful outcome depends on a personalized legal strategy that takes into account the specifics of your prior condition, how it was aggravated, and what evidence is needed to prove your claim.
Choose an Experienced Legal Team You Can Trust
At Pullano & Siporin, we understand how insurance companies often try to use pre-existing conditions to limit what you are owed. With a proven track record of success, our Chicago-based personal injury attorneys are dedicated to building strong, evidence-backed cases that clearly demonstrate how a new incident may have affected your prior injuries.
We take the time to understand your medical history, work closely with trusted experts, and advocate fiercely to ensure your condition is not used against you but that you receive the full and fair compensation owed to you.
We are proud to be a trusted Illinois personal injury law firm with over 50 years of combined experience. Our team of seasoned trial attorneys fights fiercely for every client, using proven legal strategies and deep medical understanding to hold negligent parties accountable and secure the compensation you are entitled to. If you or a loved one has suffered a serious injury, especially one involving a pre-existing condition, don’t face the legal process alone.
Contact us today for a confidential consultation and let our dedicated legal team fight for you.
