Yes. If an accident worsens your pre-existing injury or medical condition, you can still file a personal injury claim and receive compensation, even if you had health issues before the accident occurred.
Key facts about pre-existing conditions and personal injury claims:
- The Eggshell Skull Rule protects you. Under Western Australian law, defendants must take victims “as they find them.” This means your pre-existing condition cannot be used to reduce your compensation. If you were more vulnerable to injury due to a pre-existing condition, the at-fault party remains fully liable for all resulting injuries.
- You can only claim for new or worsened injuries. Your claim must demonstrate that the accident either caused new injuries or aggravated your existing condition. You cannot claim damages for conditions that existed before the accident and remained unchanged.
- Medical evidence is critical. Detailed medical records showing your condition before and after the accident help prove causation. Regular doctor visits and documented health history for pre-existing conditions can actually strengthen your case by clearly showing how the accident changed your health status.
- Common compensable damages include: medical bills, lost wages, pain and suffering, prescription costs, and medical equipment—calculated based on how the accident impacted your condition, not your baseline health before the incident.
Types of Pre-existing Conditions and Injuries
You can have almost any pre-existing condition or injury. However, some common pre-existing injuries and illnesses frequently appear in personal injury suits. Common pre-existing injuries include:
- Chronic neck or back issues
- Previously broken bones
- Strains and sprains
- A history of concussions
- Traumatic brain injury
Accidents can worsen specific injuries and complicate or aggravate pre-existing medical conditions like arthritis, diabetes, osteoporosis, and more.
Causation, Liability, and Pre-existing Injuries
A personal injury attorney will work diligently to prove that your accident caused a specific injury. Even with pre-existing conditions or injuries, you can still collect compelling evidence to support your case. Detailed medical records often play a crucial role in showing how your condition or injury has changed since the incident.
Cases involving pre-existing conditions are particularly tricky. Insurance adjusters and defendants will argue that your injuries are exaggerated, fabricated, or already existed. However, a skilled attorney can gather proof showing that your pre-existing condition or injury has worsened after your accident.
Pre-existing Injuries and Damages
Damages refer to the compensation you receive after a successful personal injury lawsuit. The damages you could collect if you have a pre-existing condition are the same as in any other personal injury case. These include:
- Medical bills
- Chiropractor visits
- Lost wages
- Medical equipment
- Prescription medication
- Pain and suffering
Calculating pain and suffering can be one of the most challenging aspects of a case involving pre-existing conditions. It’s already difficult to assign a dollar amount to pain and suffering, and it becomes even more complex when dealing with a condition worsened by a recent accident. Nevertheless, a knowledgeable personal injury attorney can help you negotiate a fair settlement.
How Pre-existing Conditions Can Affect Your Personal Injury Claim
Your personal injury claim cannot include any damages for conditions or injuries you had before your accident. What your personal injury attorney must do is prove that the defendant’s negligent actions caused new injuries or worsened your pre-existing condition. While determining liability and calculating damages can be more difficult when pre-existing conditions are involved, they aren’t always detrimental to your case. For instance, someone with a pre-existing condition might receive regular updates from their doctor, including x-rays and other medical records documenting their condition. This can make it easier to show how their condition changed immediately after their accident.
The Eggshell Skull Rule
If you have a medical issue that existed before your accident, you may feel hesitant to pursue a personal injury claim. However, the law recognises that pre-existing conditions can make a person more susceptible to injuries. This is where the “eggshell skull rule” – also known as the “eggshell plaintiff doctrine” – comes into play.
The eggshell rule essentially means that a defendant takes their victim as they find them. This means that if you have a medical condition that makes you more vulnerable to injury than the average person, your pre-existing condition cannot be used against you in court. In other words, the person or entity responsible for your accident cannot argue that your pre-existing condition meant you were already predisposed to injury and therefore, they’re not responsible for the full extent of your injuries.
One key benefit of the eggshell plaintiff doctrine is that it can result in higher compensation for your injuries. Since your pre-existing condition cannot be used as an argument to mitigate your damages, the full extent of your current injuries will be taken into account when calculating your compensation.
However, it’s also important to understand that proving your pre-existing condition had no impact on your current injuries can be challenging. Insurance companies and defendants may try to claim a connection between the two, potentially pointing to previous medical treatment or records. It’s important to work with an experienced personal injury attorney who can help you build a strong case.
How Medical Experts Help Establish Causation in Injury Cases with Pre-existing Conditions
Determining whether an accident caused the damage or simply aggravated pre-existing conditions can be challenging. This confusion may lead to compensation battles with insurance companies, making it essential to know how medical experts can help establish causation in such cases. Medical expert witnesses can assist by:
- Evaluating Existing Conditions: Medical experts determine whether pre-existing conditions contributed to the injuries sustained in an accident. They review medical records, diagnostic reports, and laboratory tests to assess the health condition before the accident. This helps them evaluate whether the injuries would have been less severe, or non-existent, if the person didn’t have pre-existing conditions.
- Investigating Accident Details: Medical experts examine accident details and medical records to determine whether there was any specific point of impact that could have caused the injuries. They also check for physical evidence proving the accident caused the injuries, not the pre-existing condition.
- Conducting Medical Examinations: Medical professionals conduct thorough examinations to ascertain the extent of injuries and diagnose any underlying conditions caused by the accident. They may refer patients to specialists, depending on the severity of the injuries. By examining the body’s state after the accident, they can determine whether pre-existing conditions played a role, countering insurance company claims that the injury was due to the pre-existing condition.
- Providing Expert Testimony: Medical experts provide testimony in court proceedings. Their opinions carry significant weight in determining the case’s outcome. An experienced and credible expert testimony can help prove causation in accidents with pre-existing conditions, ensuring the victim receives appropriate compensation.
- Explaining Medical Terminology: Medical professionals offer explanations and guidance to clients regarding medical terminologies used throughout the case. This helps clients understand their situation, plan a better course of action, and approach the case with more confidence.
A Personal Injury Attorney Can Help
If another person’s negligence caused your injuries or worsened your condition, Soul Legal can help. As your advocate, your personal injury lawyer will ensure you get fair compensation for medical bills, pain and suffering, and lost wages. Call us today for a free consultation to discuss your legal rights and options.
To help determine fault, your personal injury attorney will gather information, review evidence, and use their legal expertise to assess what kind of compensation might be fair in your personal injury case. Don’t rely on insurance adjusters to advocate for you; call the trusted team at Soul Legal so you can focus on getting the treatment and care you and your family need.
Conclusion
Navigating the complexities of personal injury claims with pre-existing conditions can be daunting, but understanding your rights and the legal frameworks can make a significant difference. Pre-existing conditions should not deter you from seeking rightful compensation for injuries exacerbated by an accident. The eggshell skull rule provides a robust protection, ensuring that your vulnerability does not lessen the culpability of the negligent party.
By working with a knowledgeable personal injury attorney and leveraging medical expertise, you can build a compelling case that accurately reflects the impact of the accident on your health. Remember, the goal is to secure the compensation needed to support your recovery and maintain your quality of life. Seeking professional legal advice promptly can enhance your chances of a favourable outcome, ensuring justice and fairness in your personal injury claim.
Rebecca Sorgiovanni is the Director of Soul Legal, a trusted Perth-based injury compensation lawyer with over two decades of experience representing injured clients in complex litigation and tribunals across Western Australia.
