When you suffer an accident, the consequences can be devastating — even more so if it aggravates a pre-existing condition. Many people wonder if they still have the right to seek compensation in such cases. The good news is that legal systems often recognize that an injury doesn’t have to be entirely new to warrant a lawsuit. In this article, we’ll explore whether you can sue if an accident worsens a pre-existing condition, what legal principles apply, and how you can strengthen your case.
1. Understanding Pre-Existing Conditions in Personal Injury Cases
A pre-existing condition is any medical issue you had before the accident occurred. These can range from chronic pain conditions like arthritis to previous injuries like a fractured bone. The key challenge in personal injury claims involving pre-existing conditions lies in distinguishing between old and new injuries and proving the extent of aggravation caused by the accident.
Example: Suppose you had a herniated disc from a sports injury years ago, and a car accident causes that condition to flare up severely. You would need to demonstrate that the accident directly contributed to the increased pain or complications.
2. The Eggshell Plaintiff Doctrine
The “Eggshell Plaintiff” rule is a well-established legal principle that protects individuals with pre-existing conditions. It states that a defendant is liable for the plaintiff’s injuries even if the victim was more vulnerable than the average person.
Case Reference: In Vosburg v. Putney (1891), the court ruled that a defendant could be held responsible even when an injury was exacerbated due to the victim’s prior condition. This case set a precedent that continues to shape personal injury law today.
3. Proving Aggravation of a Pre-Existing Condition
To win a lawsuit when an accident worsens a pre-existing condition, you must prove that the accident directly aggravated your condition. This involves providing clear and convincing evidence, including:
- Medical Records: Show a history of your condition and the changes post-accident.
- Expert Testimony: A medical professional can explain how the accident intensified your condition.
- Personal Testimony: Describe how your pain levels and daily life have changed since the incident.
Tip: Consistency in medical treatment and documentation can significantly strengthen your case.
4. Challenges You Might Face
Insurance companies often try to minimize their payouts by attributing your current health issues to your pre-existing condition rather than the accident. You may face arguments like:
- Causation Disputes: Insurers might claim the accident had no significant impact on your condition.
- Lack of Evidence: Without proper documentation, proving aggravation becomes difficult.
- Partial Liability: The defense may argue you were already on the path to worsening health.
Solution: Working with an experienced personal injury attorney can help you navigate these challenges effectively.
5. Types of Compensation You Can Claim
Even if you had a pre-existing condition, you’re still entitled to seek various forms of compensation, including:
- Medical Expenses: Costs for additional treatment, surgeries, or therapies.
- Lost Wages: Income lost due to the inability to work post-accident.
- Pain and Suffering: Compensation for physical and emotional distress.
- Rehabilitation Costs: Long-term care and physical therapy expenses.
Real-Life Example: A slip-and-fall accident worsening a previous knee injury could lead to expensive surgeries and extended physical therapy. These costs would be part of your claim.
6. Steps to Take After an Accident
If you believe an accident has aggravated a pre-existing condition, taking the right steps can significantly impact your case:
- Seek Medical Attention Immediately: Prompt evaluation ensures your condition is documented.
- Inform Your Doctor of Your Pre-Existing Condition: Transparency helps in accurate diagnosis and treatment.
- Consult a Personal Injury Attorney: A lawyer can guide you through legal complexities and ensure you build a strong case.
- Document Everything: Keep records of medical visits, treatments, and how your condition has worsened.
Pro Tip: Avoid giving recorded statements to insurance adjusters without legal counsel.
Conclusion
Yes, you absolutely have the right to sue if an accident makes a pre-existing condition worse. Legal doctrines like the Eggshell Plaintiff rule support your right to full compensation, regardless of prior health issues. By gathering strong evidence, consulting medical and legal professionals, and being proactive about your treatment and documentation, you can build a compelling case. If you find yourself in this situation, seeking the guidance of an experienced personal injury lawyer can make all the difference.
References:
- Vosburg v. Putney, 80 Wis. 523, 50 N.W. 403 (1891)
- American Bar Association: Personal Injury Law Overview
- National Institutes of Health: Managing Chronic Pain Conditions
