Can Pre-Existing Conditions Impact My Car Accident Claim?

If you’ve been injured in a car accident and have a pre-existing medical condition, you may wonder whether this affects your ability to recover compensation. The short answer is that while a pre-existing condition can complicate your claim, it does not automatically disqualify you from receiving the compensation you deserve.

At Paul Rossi Law Offices, our experienced Indiana personal injury attorneys understand the complexities surrounding pre-existing conditions in car accident claims. We know how to effectively represent your interests and protect your rights when insurance companies attempt to use your medical history against you.

Here’s how a pre-existing condition can impact your Indiana car accident claim:

• Insurance companies may try to argue that your injuries stem from your pre-existing condition, not the accident
• Defense attorneys might claim the accident only caused a minor “flare-up” of an existing problem
• You may face increased scrutiny of your medical records and treatment history
• The value of your settlement could be disputed based on your prior medical conditions
• You’ll likely need strong legal support to prove the accident worsened your existing condition

What Happens If the Defense Claims Your Pre-Existing Condition Caused Your Injuries?

When filing a car accident claim with a pre-existing condition, the defense may argue that your pain and medical issues stem from your existing health problems rather than the crash, aiming to reduce or deny compensation. Insurance adjusters often devalue claims with statements like “This is just a flare-up of your arthritis” or “You would have needed this surgery eventually.” However, the key legal issue is not the existence of a pre-existing condition but how the accident worsened it. In personal injury cases, the plaintiff must prove the defendant’s negligence caused the crash and aggravated their condition, making the at-fault party liable for the additional harm caused.

What Is the “Eggshell Plaintiff” Rule?

Indiana law protects injured individuals through what’s known as the “Eggshell Plaintiff Rule.” This legal principle holds that a negligent party is responsible for all the harm they cause, even if the victim was more susceptible to injury than the average person.

Under this rule, defendants must “take their victim as they find them.” This means the at-fault party cannot use your age, frailty or pre-existing medical condition as an excuse to pay less compensation. If your existing condition made you more vulnerable to injury, the responsible party is still liable for the full extent of the harm resulting from the accident.

How Do Insurance Companies Try to Use Your Medical History Against You?

Insurance companies are for-profit businesses focused on limiting payouts and will aggressively use your pre-existing conditions to reduce your settlement. Adjusters often request years of your medical records to find evidence of similar symptoms, arguing that your current pain is a continuation of an old problem, not a result of the accident. This tactic allows them to shift blame from their insured driver to your medical history, claiming that your treatments or limitations are due to the natural progression of your condition rather than the accident itself.

How Can You Prove the Accident Worsened Your Pre-Existing Condition?

Successfully proving that an accident aggravated your pre-existing condition requires clear, organized and credible evidence. Courts and insurers rely heavily on “before-and-after” medical records to determine the impact of the accident on your health.

Critical evidence includes:

• Medical records analysis showing your condition was stable, chronic but managed, or asymptomatic before the accident, contrasted with acute, severe or debilitating descriptions afterward
• Your personal testimony describing specific, tangible changes in your daily life and functionality
• Expert medical opinions from treating physicians or independent medical experts stating the accident directly caused the aggravation of your condition
• Diagnostic imaging such as X-rays, MRIs or CT scans taken before and after the accident
• Pharmacy records showing changes in medication usage
• Witness testimony from friends, family and coworkers who observed changes in your condition

The standard focuses on two key concepts: aggravation (when a pre-existing condition is made measurably worse) and activation of a dormant condition (when an asymptomatic condition becomes painful due to accident trauma).

Protect Your Rights with a Knowledgeable Attorney

Pre-existing conditions add complexity to car accident claims, but they should not prevent you from receiving fair compensation for your injuries. Insurance companies will use sophisticated strategies to minimize your settlement, making it essential to have experienced legal representation on your side.

At Paul Rossi Law Offices, we understand how to counter insurance company tactics and build strong cases for clients with pre-existing conditions. Our team knows how to gather the necessary evidence, work with medical experts and present compelling arguments that demonstrate how the accident affected your health. Contact us now to discuss your case.