If you've been injured in a car accident, filing a personal injury claim can feel like an uphill battle—especially if you have a pre-existing condition. Insurance companies are notorious for using pre-existing conditions to minimize or deny claims, leaving accident victims feeling frustrated and undervalued. But here's the truth: having a pre-existing condition doesn't mean you're out of luck. In fact, with the right approach, you can still secure fair compensation for your injuries.

In this article, we'll explore how pre-existing conditions affect auto injury claims, debunk common myths, and provide actionable strategies to protect your rights. Whether you're dealing with a bad back, a prior surgery, or a chronic illness, this guide will help you navigate the legal and medical complexities of your case.

What Are Pre-Existing Conditions?

A pre-existing condition is any health issue you had before the car accident. This could include:

• Chronic Conditions: Arthritis, fibromyalgia, or degenerative disc disease.

• Previous Injuries: A prior fracture, herniated disc, or torn ligament.

• Surgeries: Joint replacements, spinal fusions, or other operations.

• Mental Health Conditions: Anxiety, depression, or PTSD.

While these conditions may have been stable or asymptomatic before the accident, the trauma of a crash can exacerbate them, leading to new or worsened symptoms.

The Insurance Company's Playbook: The "Eggshell Skull" Doctrine

Insurance adjusters love to use pre-existing conditions as a reason to reduce or deny claims. They'll argue that your injuries were not caused by the accident but were instead a result of your prior health issues. However, the law doesn't support this argument.

Under the "eggshell skull" doctrine, defendants must take their victims as they find them. This means that if you have a pre-existing condition that makes you more susceptible to injury, the at-fault party is still responsible for compensating you for the full extent of your damages—even if a healthier person wouldn't have been as severely injured.

Example:

Imagine you have a pre-existing back condition, and a car accident aggravates it, causing chronic pain and requiring surgery. The insurance company might argue that your back was already damaged, so they shouldn't have to pay for the surgery. However, the eggshell skull doctrine ensures that you're entitled to compensation for the aggravation of your condition.

How Pre-Existing Conditions Affect Your Claim

While the eggshell skull doctrine protects your rights, pre-existing conditions can still complicate your claim in several ways:

1. Increased Scrutiny

Insurance companies will scrutinize your medical history to find evidence of your pre-existing condition. They may request access to years of medical records, looking for any excuse to reduce your payout.

2. Disputes Over Causation

The insurer may argue that your current symptoms are unrelated to the accident and instead stem from your pre-existing condition. Proving causation—that the accident worsened your condition—is often the biggest challenge in these cases.

3. Lower Settlement Offers

Even if the insurer acknowledges that the accident aggravated your condition, they may offer a lower settlement, claiming that you were already partially disabled or in pain.

4. Need for Expert Testimony

To counter the insurer's arguments, you may need expert testimony from doctors, orthopedic surgeons, or other medical professionals who can explain how the accident impacted your pre-existing condition.

Strategies for Protecting Your Claim

If you have a pre-existing condition, don't let the insurance company use it against you. Here are some strategies to strengthen your claim:

1. Be Honest About Your Medical History

Trying to hide a pre-existing condition will only hurt your case. Be upfront with your attorney and provide all relevant medical records. This transparency will help build credibility and prevent the insurer from accusing you of fraud.

2. Seek Immediate Medical Attention

After the accident, see a doctor as soon as possible. This creates a clear link between the accident and your injuries, making it harder for the insurer to argue that your symptoms are unrelated.

3. Document Everything

Keep detailed records of your medical treatment, including doctor's notes, diagnostic tests, and prescriptions. Also, maintain a journal documenting your pain levels, limitations, and how the injury affects your daily life.

4. Get a Medical Opinion

Ask your doctor to write a report explaining how the accident aggravated your pre-existing condition. This report can be a powerful piece of evidence in your case.

5. Hire an Experienced Attorney

An experienced personal injury attorney can help you navigate the complexities of your claim, counter the insurer's arguments, and fight for fair compensation.

Real-World Example: The Case of the Aggravated Herniated Disc

Let's look at a real-world example to illustrate how pre-existing conditions can affect auto injury claims.

Scenario:

John has a history of back pain due to a herniated disc. While his condition was manageable before the accident, a rear-end collision exacerbated his symptoms, causing severe pain and requiring surgery.

The Insurance Company's Argument:

The insurer argues that John's herniated disc was pre-existing and that the accident didn't cause his need for surgery.

John's Strategy:

John's attorney gathers his medical records, including MRI scans from before and after the accident. They also obtain a report from John's surgeon, who explains that while John had a herniated disc, the accident significantly worsened his condition, necessitating surgery.

The Outcome:

The insurer agrees to a settlement that covers John's surgery, rehabilitation, and pain and suffering.

The Role of Comparative Fault

In some cases, the insurer may argue that you're partially at fault for your injuries because of your pre-existing condition. For example, they might claim that you failed to follow your doctor's recommendations for managing your condition, making you more susceptible to injury.

If the insurer succeeds in proving comparative fault, your compensation could be reduced by your percentage of fault. For instance, if you're found 20% at fault, your settlement would be reduced by 20%.

Final Thoughts: Don't Let Pre-Existing Conditions Derail Your Claim

Having a pre-existing condition doesn't mean you can't recover compensation after a car accident. While these cases can be more challenging, they're far from unwinnable. By being proactive, transparent, and strategic, you can protect your rights and secure the compensation you deserve.

Remember, the law is on your side. The eggshell skull doctrine ensures that you're entitled to compensation for the aggravation of your pre-existing condition. Don't let the insurance company bully you into accepting less than you deserve. With the right approach, you can turn a complicated case into a successful claim.