Seeking Compensation After Car Accidents with Pre-Existing Conditions
You might know that you have a right to file a compensation claim after suffering injuries in a car accident due to another party’s negligence. But what happens if you had a pre-existing condition at the time of the crash and the accident worsened it? Are you still entitled to compensation?
In most cases, injury victims with pre-existing conditions may still pursue compensation. The experienced team at Salvi, Schostok & Pritchard P.C. has the legal knowledge and skills to hold the at-fault party accountable. Contact us today for a free consultation.
Why Working with an Experienced Lawyer Is Critical in Cases Involving Pre-Existing Conditions
People injured in crashes often fear insurers will not pay out claims if they have pre-existing conditions. While some insurance adjusters cite pre-existing conditions as grounds for denying or minimizing claims, an experienced lawyer can help you pursue the compensation you need regardless of your pre-existing condition or the insurer’s tactics.
While insurance adjusters will try to avoid paying accident victims the money they deserve, an attorney will be familiar with their tactics and able to counter them. A Chicago car accident attorney with experience in these cases and a deep understanding of personal injury law can protect your rights and save you the hassle of dealing with an insurance adjuster who is unwilling to treat you fairly.
What Is a Pre-Existing Condition?
A pre-existing condition refers to any injury, illness, or medical condition that an individual had before the collision in question. Some common pre-existing conditions and injuries that car crash victims may have include:
- Chronic conditions such as arthritis, diabetes, hypertension, asthma, etc.
- Previous fractures and broken bones
- Prior spine conditions and back injuries like degenerative disc disease, herniated discs, or spondylolisthesis
- Migraines and chronic headaches
- Psychological conditions like anxiety, depression, or post-traumatic stress disorder (PTSD)
- Joint injuries and arthritis
It is crucial to remember that these conditions do not preclude you from seeking compensation for exacerbated or additional injuries.
Does Illinois Use the Eggshell Skull Doctrine?
Like every other state in the country, Illinois follows a legal principle known as “the eggshell skull doctrine.” Also known as “the thin skull rule,” this doctrine makes a defendant liable for a plaintiff’s unforeseeable or uncommon reactions to the harm the defendant inflicted on them, even if the victim’s injuries were worse than the average person’s would have been.
The idea is that, if a person with a skull as thin as an eggshell were injured by another person, that person would still be liable for the victim’s injuries, even if the victim’s injuries were more severe than the average person’s would have been due to the victim’s thin skull.
While the eggshell doctrine does not entitle a plaintiff to receive compensation for pre-existing injuries, it does allow them to be compensated by pre-existing conditions exacerbated by the defendant’s harm.
Because Illinois law follows the thin skull rule, you may still seek compensation if you have a pre-existing condition.
When Can I Receive Compensation for a Pre-Existing Injury
After suffering injuries in a car crash, you may be able to receive compensation for a pre-existing injury if:
- The car accident aggravated your symptoms, causing more pain, limitation, or disruption to your life, requiring additional treatment that you did not need before.
- The accident caused new injuries or symptoms that you did not have before.
- Medical records, medical experts, and other expert witnesses can distinguish between the previous and the new accident-related injuries.
- You can provide evidence that shows how the accident affected your pre-existing condition.
The amount of compensation depends on the severity of the new injury or aggravation relative to the pre-existing condition prior to the accident. You may be eligible to receive compensation for losses such as:
- Medical expenses
- Lost income due to missed time at work
- Reduced earning capacity due to disability or disfigurement
- Physical and psychological pain and suffering
- Loss of enjoyment of life
An experienced Illinois car accident attorney can help determine how much compensation you can reasonably expect to receive in your case.
Building Your Claim
Building a car crash injury claim can be challenging, even when a case is relatively straightforward. However, due to the frustrating tactics of many insurance adjusters, building a successful claim for a car accident injury can be particularly complex when a pre-existing condition is involved. Nevertheless, maintaining your patience and determination is often worth it, as you can recover significant compensation if you take the necessary steps.
It is critical to have clear medical records that delineate between your previous injuries and your current accident-related injuries. For example, you should have doctors’ notes documenting how the accident affected your pre-existing condition. It can also be helpful to have expert testimony from medical specialists who can explain these differences to insurance companies and in court if necessary.
Throughout the process, working with a law firm that has the resources to hire medical experts and aggressively fight for your compensation is key. The experienced attorneys at Salvi, Schostok & Pritchard P.C. have decades of experience obtaining fair compensation for clients injured in car crashes with pre-existing conditions and we have a network of experts ready to assist with cases like yours.
Contact Our Team of Knowledgeable Personal Injury Attorneys Today
If you have suffered harm in a car accident and have a pre-existing condition, you can significantly increase your chances of recovering compensation by hiring an experienced and knowledgeable Illinois attorney. For more than 40 years, the legal team at Salvi, Schostok & Pritchard P.C. has helped injured Illinoisians secure the compensation they deserve. We have recovered more than $2.5 billion to date, and we are ready to put our knowledge and skills to work for you.
If you have been in a car accident and it aggravated your pre-existing conditions, you have a right to hold the at-fault party accountable and recover compensation for your medical bills, lost wages, and pain and suffering. Call our team today or contact us online for a free, no-obligation consultation to learn more about how we can help you.
