Car accidents can cause serious injuries, but what happens when you already have a medical condition before the crash? Insurance companies often try to downplay or deny claims involving pre-existing conditions, making it harder for accident victims to get fair compensation. However, having a pre-existing condition does not mean you are automatically disqualified from seeking damages. If the accident made your condition worse, you have a right to pursue a claim.
Understanding how pre-existing conditions impact car accident claims, how insurance companies handle these cases, and what legal options are available can help guide you through the process and protect your rights.
Understanding How Pre-Existing Conditions Impact Car Accident Claims
A pre-existing condition is any health issue or injury before your accident. This could include chronic pain, arthritis, a previous back or neck injury, or even a prior surgery. In car accident claims, the focus is not on whether you had a pre-existing condition but whether the accident worsened it.
South Carolina follows the Eggshell Plaintiff Doctrine, which states that defendants must take victims as they are. If someone is more vulnerable to injury because of a pre-existing condition, the at-fault party is still responsible for the damage they cause. This means you can still pursue compensation, but proving your injuries were aggravated by the crash is critical.
The Burden of Proof in Pre-Existing Condition Claims
If you are arguing that a car accident made a pre-existing condition worse, you have the burden of proof. You must show:
- You had a pre-existing condition before the accident
- The accident directly aggravated your condition
- Medical evidence supports that your worsened condition is related to the crash, not just a natural progression
This is why substantial medical documentation and expert testimony are critical.
How Insurance Companies Handle Pre-Existing Conditions
Insurance adjusters are trained to minimize payouts, and when they see a pre-existing condition, they often try to use it against the victim. Some common tactics include:
- Blaming Your Pain on Your Pre-Existing Condition – If you had back pain before the accident, they might argue that your current pain has nothing to do with the crash.
- Claiming There’s No Proof the Accident Worsened Your Condition – If medical records don’t clearly show how the accident made things worse, they might deny your claim.
- Arguing That Your Injuries Would Have Happened Anyway – If you have a chronic condition, they might say your symptoms were bound to get worse over time, regardless of the accident.
- Delaying or Denying Your Claim – Some insurers may deny your claim outright, hoping you’ll give up instead of fighting back.
A strong legal strategy is essential to countering these tactics and proving your right to compensation.
Comparative Negligence in South Carolina Injury Claims
South Carolina follows a modified comparative negligence rule, meaning that your compensation may be reduced if you were partially at fault for the accident. However, you can still recover damages if you are less than 51 percent at fault.
For example, if your total damages are $100,000 but you are found to be 20 percent at fault for the accident, your compensation would be reduced to $80,000.
Comparative negligence can complicate pre-existing claims, as insurance companies may argue that your injuries were partially your fault. This is another crucial reason to have a skilled lawyer on your side.
Maximizing Your Compensation When You Have a Pre-Existing Condition
You can recover damages even with a pre-existing condition if you take the proper steps. Here’s how:
Be Honest About Your Medical History
Trying to hide a pre-existing condition can backfire. The insurance company will find out anyway, and if they catch you in a lie, it could hurt your credibility. Being upfront with your lawyer allows them to build your strongest case.
Gather Medical Evidence
Medical records play a crucial role in proving that the accident worsened your pre-existing condition. Key documents include past medical records that establish your condition before the crash, post-accident records that detail how your symptoms have changed, and notes from doctors explaining the impact of the accident on your pre-existing injury. These records provide essential evidence to support your claim and counter any attempts by the insurance company to downplay your injuries.
Obtain Expert Medical Testimony
Having a doctor testify about how the accident affected your condition can strengthen your case. Expert testimony can help prove that your injuries are worse now than they were before the crash.
Follow Your Treatment Plan
Skipping doctor’s appointments or ignoring medical advice can be used against you. If you don’t follow your treatment plan, the insurance company may argue that your injuries aren’t as serious as you claim.
Hire a Personal Injury Attorney
An experienced car accident attorney knows how to push back against insurance company tactics and present the proper evidence to show how the accident worsened your condition.
Settlement Negotiations When You Have Pre-Existing Injuries
When negotiating a settlement, insurance companies may try to lowball you or deny responsibility for aggravating your condition. However, with strong medical evidence and legal representation, you can push for a fair settlement.
If the insurer refuses to offer a reasonable amount, your attorney may recommend filing a lawsuit. While most cases settle outside of court, having an attorney prepared to take your case to trial can pressure the insurance company to offer a fair deal.
Don’t Let a Pre-Existing Condition Hurt Your Claim
A pre-existing condition does not prevent you from seeking compensation after a car accident. You can hold the at-fault party accountable if the crash aggravated your condition. However, these claims can be more challenging because insurance companies will try to deny or minimize payouts.
Having strong medical evidence and an experienced personal injury attorney on your side can make all the difference. If you or a loved one has been injured in a car accident and have a pre-existing condition, don’t let the insurance company take advantage of you. Contact Crantford Meehan today to discuss your case and learn how we can help you fight for fair compensation.
