Car accidents not only cause serious injuries, but they also sometimes exacerbate existing medical conditions or worsen previous injuries. Does a pre-existing condition make it difficult to recover compensation after a car accident?
Although insurance companies may attempt to use a car accident victim’s pre-existing condition against them, a common law doctrine known as the Eggshell Skull Rule protects a car accident victim’s right to the compensation they deserve. Make sure to speak with an experienced Lake Stevens car accident lawyer for legal guidance.
What Is the Eggshell Skull Rule for Pre-existing Conditions?
Under the Eggshell Skull Rule, the party that causes an injury to someone else is responsible for the resulting harm to the injury victim, even when that harm is the worsening of a pre-existing condition. Cornell Law School’s Legal Information Institute uses the following example:
Suppose: “A person has an unusually thin skull due to a medical condition. If that person suffers a severe head injury in an accident caused by someone else, the defendant is fully liable for the harm, even if most people would not have been seriously injured under the same circumstances.”
How Do Car Accidents Worsen Pre-Existing Conditions?
The crash force of an accident transforms a 150-pound person into an 8,250-pound force in a collision at only 55 miles per hour. When a person has a pre-existing condition, such as degenerative disc disease, the crash force alone in an accident can cause a serious injury to the already weakened structural support system of the spinal column. In some cases, a car accident victim who had only mild symptoms—or no noticeable symptoms at all—of degenerative disc disease before their accident may experience severe or chronic pain and disability due to the worsening of their condition caused by the force of the accident. In addition, they may have suffered additional injuries from blunt force trauma. A collision often causes the vehicle’s structures to collapse inward, resulting in multiple traumas at the points of impact.
A car accident victim injured in an accident caused by someone else deserves compensation for their medical expenses, out-of-pocket costs, lost earnings, pain, and suffering, for all injuries sustained in the accident, including the worsening of a pre-existing condition. Make sure to speak with an experienced Lake Stevens personal injury for support and guidance.
Proving That a Car Accident Worsened a Pre-existing Condition or Caused Additional Injuries
Despite the Eggshell Skull Rule, insurance companies commonly attempt to deny or undervalue car accident claims based on an injury victim’s pre-existing condition. Often, they request access to the claimant’s medical records to review the injury details, but the authorization permits them to review the claimant’s medical history for pre-existing conditions or prior injuries. Then they deny claims, or portions of claims, based on the pre-existing condition. Fortunately, a car accident victim has legal recourse. A car accident attorney compiles evidence by consulting with medical experts and obtaining copies of medical imaging from before and after the accident to prove that the collision caused additional injuries and/or worsened an existing medical condition. Under the Eggshell Skull Rule, a car accident victim who suffers harm caused by a careless driver, negligent road maintenance agency, or other at-fault party, has the right to recover the full amount of compensation available to them. Contact Wells Trumbull today.