Aggravation of pre-existing medical conditions due to injuries sustained in auto accidents can be compensated for if the injured party can prove negligence and fault on the part of the other driver.
Insurance companies will almost always attempt to claim that the pre-existing condition did not exist before the accident and that the accident victim is just trying to get more compensation than they are entitled to receive. If you were hit by a reckless driver and developed worsening symptoms of a pre-existing health problem, it is important to contact an auto accident lawyer as soon as possible to ensure you get the compensation you deserve.
What is the Definition of a Pre-existing Medical Condition?
Any chronic illness, injury, or health problem for which a person receives a professional diagnosis, treatment, or referral is considered a pre-existing medical condition. Health insurance companies may rely on this definition to determine coverage eligibility under laws enacted by the Affordable Care Act (ACA).
Examples of pre-existing medical conditions include epilepsy, diabetes, asthma, rheumatoid arthritis, and COPD. Anxiety, depression, and other mental health issues can also be considered a pre-existing medical condition by health insurers and legal proceedings.
Individuals who claim their pre-existing medical condition has been aggravated by the actions of a negligent driver must be able to prove that their condition had been diagnosed before the accident occurred. A skilled auto accident lawyer knows exactly what type of documents and testimony are necessary for proving that symptoms of a pre-existing medical condition were exacerbated by an at-fault driver causing a car accident.
What is the Eggshell Skull Rule?
The Eggshell Skull rule is a legal principle stipulating that a defendant in a personal injury case must take the plaintiff “as they find them”. In other words, the at-fault party is indeed liable for injuries that are more serious due to pre-existing medical conditions. For instance, let’s say you were treated for a left hip injury years ago that now causes pain only when you overexert the hip. However, a reckless driver crashes into the driver’s side of your car while you are driving. The force of the impact worsens the stability of the hip joint. Consequently, you are in constant pain after the accident and must use a wheelchair while receiving physical therapy. You also learn you may have to have the hip joint replaced as a result of the accident.
An experienced auto accident lawyer can expertly argue the Eggshell Skull rule to obtain compensation for medical bills, lost wages, hospital stays, physical rehabilitation, and future expenses related to the worsening of a pre-existing medical condition. Auto and health insurance company attorneys cannot successfully defend at-fault drivers against victims represented by personal injury lawyers knowledgeable in applying this rule to negligence or tort cases.
Maximize Compensation By Contacting Ledger Law Today
In addition to gathering and analyzing medical evidence and negotiating with insurance companies, our firm will provide robust representation in court when a lawsuit must be filed. While you are recovering from auto accident injuries, we handle all the legal formalities and adhere to strict court deadlines for filing relevant documents. Don’t miss out on the compensation you rightfully deserve. Let us handle your auto accident injury claim if a negligent driver aggravated your pre-existing medical condition.
Call (800) 300-0001) to schedule a consultation appointment at Ledger Law. We’ve got your claim covered!
