Despite what an insurance adjuster may tell you, having a preexisting condition does not prevent you from achieving a successful result for your personal injury case. Oftentimes individuals with preexisting conditions are more susceptible to injuries from car accidents, motorcycle accidents, pedestrian accidents, or bicycle accidents. This situation can fall under the “Eggshell Plaintiff” rule. This rule states that an offending party does not receive a reduction on what they owe for damages even if the injured person is injured substantially more than usual (given pre-existing conditions or other vulnerability). In other words, the law must take the injured party as they are when determining damages.
The exact damages depend on:
1. Whether the condition was dormant or
2. Whether there are ongoing prior problems within approximately one year of the wreck.
In the first situation the injured party can recoup all the damages caused because the impact triggered the condition to become active in the injured party. An example of this would be if an injury caused an individual with an undiagnosed heart condition to suffer from a heart attack due to a chest injury. In the second situation the injured person can recover the damages associated with the aggravation of the pre-existing condition. An example of this situation would be if an injured party with a recovering fractured bone had their injury worsened by the impact.
I recommend you take the time to talk to an attorney about your case and your preexisting condition to see how much help is available for you. I have handled cases in the past with similar circumstances and I am confident I will be able to provide you with the help you need.
