You may be among the population with misconception that if person has had a pre-existing physical condition and the accident has worsen the condition you are not entitled to recover for your damages. This misunderstanding is not totally unfounded because if you have been experiencing sign of physical setbacks or weakness due to your age or prior injuries and your injuries has aggravated your condition you may or may not be entitled to recovery for your injuries. The biggest challenge to personal injury clients comes from defendant’s insurance company who will attempt to reduce their settlement offer or deny liability by arguing that the plaintiff had a pre-existing condition, and defendant’s alleged negligence was not the cause of new injury to plaintiff. This argument could be overcome by proper and careful organization of plaintiff’s medical records that would establish plaintiff’s pre-existing condition and his post-accident medical condition as a measure of plaintiff’s pre and post-accident injuries.
There are three types of pre-existing conditions:
1) there are conditions that are apparent and present, but they do not cause pain prior to the accident;
2) there are also conditions that are apparent and present, but they are aggravated by the incident causing the injury;
3) there are apparent and present conditions, causing pain and exist in the same form after the incident.
Again, once insurance adjuster finds information regarding your pre-existing condition he will attempt to reduce your recovery based on the argument that your injury was pre-existing to the accident and their insured is not liable for the extent of your injury. This argument will only work when you had pains and/or symptoms from your pre-existing condition and the same pain and/or symptom is continuing after your accident.
However, under “’thin-skull rule’ or ‘eggshell skull’ theory, if accident worsen or increase the plaintiff’s pre-existing condition, the plaintiff is entitled to full recovery for his new injury or the aggravation of his pre-existing condition. The courts have long recognized the pre-existing condition rule and have allowed for recovery where plaintiff’s pre-existing condition was aggravated or worsened by the accident. Your attorney will use your carefully drawn medical records history, expert witness testimony and well prepared client presentation to establish the client’s damages and successfully obtain full recovery for client’s injuries. In determining your rights and remedies involving your personal injury case and aggravation of your pre-existing condition contact experienced personal injury attorney in your area for more information.