How Pre-Existing Conditions Affect Personal Injury Claims

Dealing with an injury is challenging enough, but when you have a pre-existing condition, the complexities multiply. Fast. 

If you’ve been injured in an accident in New Jersey and are worried about how your pre-existing condition might impact your personal injury claim, you’re not alone. 

Below, the Rosengard Law Group team takes a look at how these conditions can affect your claim and what you can do to ensure you get the compensation you deserve. Read on to learn more, or reach out to speak with a New Jersey personal injury attorney right away.

What Are Pre-Existing Conditions?

A pre-existing condition is any health issue you had before your accident occurred. Common examples include the following:

• Chronic back pain
• Arthritis
• Previous injuries

Insurance companies often try to use these conditions against you when you pursue compensation. They argue that your current pain or disability isn’t due to the accident but rather your pre-existing issues.

Of course, as someone with a long-standing health condition, you’re likely used to the uphill battles you encounter when you seek fair treatment. But in this case, if you’re not prepared, you might miss out on a significant portion of the compensation you deserve for your injury.

Can You File a Personal Injury Claim with a Pre-Existing Condition?

The short answer is yes, you can file a personal injury claim with a pre-existing condition in New Jersey. 

Having a pre-existing condition does not disqualify you from seeking compensation if you’re injured in an accident. But the key is proving that the accident exacerbated your condition (in other words, made it worse) or caused new injuries. 

That’s where an experienced personal injury attorney comes into play. They can help you demonstrate how the accident worsened your condition. And by doing so, they can help ensure that you are compensated for the full extent of your injuries.

The Eggshell Plaintiff Doctrine

New Jersey law follows the “eggshell plaintiff” doctrine, which means defendants must take their victims as they find them. 

In other words, if you are more susceptible to injury due to a pre-existing condition, the defendant is still fully liable for the injuries caused by their actions. 

This doctrine helps protect you from the argument that your injuries are solely due to your pre-existing condition. But remember that just because the eggshell plaintiff doctrine exists does not mean that insurers and defendants won’t try to argue that you are unable to sue.

Examples of ‘Eggshell’ Pre-Existing Condition Lawsuits

To make sure we’re on the same page about suing for personal injury when you have a pre-existing condition, let’s look at a couple of examples:

Example 1: You have a pre-existing condition that causes your blood not to clot when you experience a cut, so any wound can have life-threatening effects. A driver clips you when you’re walking down the street. Your injuries are relatively minor, but profuse bleeding sends you to the emergency room.

In this case, the driver could be at fault for all of the medical bills associated with this injury — even though it’s not their fault that you have a bleeding condition. 

Example 2: You have advanced osteoporosis, making your bones much more likely than average to fracture. You’re shopping at the grocery store when you slip on a puddle the store should have cleaned up. Someone without osteoporosis would’ve suffered bruising, but you fracture your hip.

In this case, the store is likely to be responsible for the full extent of your injury despite the fact that your pre-existing condition is a big part of why you suffered a hip fracture.

Proving Aggravation of a Pre-Existing Condition

Proving that an accident aggravated your pre-existing condition can be hard. But it is not impossible. And it’s often essential in these kinds of personal injury cases.

Your attorney will gather evidence like medical records, expert testimony, and documentation of your condition before and after the accident. This evidence will help build a strong case that shows the extent to which the accident has impacted your health.

Dealing with Insurance Companies

Remember this: Insurance companies will likely scrutinize your claim more closely if you have a pre-existing condition. 

They may try to minimize your compensation by arguing that your pain and suffering are due to your previous condition rather than the accident. 

But an experienced attorney can negotiate with the insurance company on your behalf, fighting to ensure you receive the compensation you deserve. We won’t fall for their tricks.

Injured with a Pre-Existing Condition? Talk to a Lawyer

Dealing with a personal injury claim is always tough. But that goes double when a pre-existing condition is involved. 

There’s good news, though: The attorneys at Rosengard Law Group have experience handling cases like yours. We can provide the guidance you need and help you fight for fair compensation. Ready to discuss your case? Contact Rosengard Law Group today to schedule your free consultation. Call us at 856-284-6446 or reach out online to speak with a trusted attorney.