You Can Recover if an Accident Aggravates a Pre-Existing Injury

 Posted on January 17, 2017 in Personal Injury

If you were involved in an accident that made an existing injury or medical condition worse, you still may be able to receive compensation. These types of cases are more complex and typically require the services of a personal injury attorney. Courts and attorneys sometimes refer to this type of accident victim as an “eggshell plaintiff.”

The aggravation of an injury by an accident can be devastating. Before your accident, it is likely that this condition was well-managed and did not affect your day-to-day activities. When such conditions are aggravated, they often become much harder to manage. They also become much more expensive to treat.

Some clients do not know that the aggravation of an injury is not something for which they must be responsible. They think they have to pay for treatment themselves. This is not the case under Illinois law.

What Eggshell Plaintiffs Can Recover After an Accident

The person who caused your accident will be responsible for damages caused by negligent behavior. This includes any aggravation of a pre-existing condition or injury. The person who caused the accident is not responsible for treatment of your underlying injury. He or she is only responsible for the aggravated part.

How Insurance Companies Find Out About Pre-Existing Injuries

If you complain of physical injury, an insurance company will ask specific questions about your medical history. They often focus on questions about prior injury to back, neck, and knees—those are all common body parts for people to be injured in accidents and common body parts for people to have injury due to aging, overuse, or prior accidents.

It is important to be truthful during all proceedings involving your claims. Also, keep in mind that your medical records will likely be made part of the proceedings.

Contact a DuPage County Personal Injury Attorney

If you were injured in an accident that resulted in the aggravation of a pre-existing injury or condition, you are still entitled to be compensated. It is true that cases involving pre-existing injuries are more complicated.

These types of cases typically require the use of experts who can testify to your conditions before the accident, how the accident further injured you, and the increased care you will need as a result of the accident.

A skilled and knowledgeable personal injury attorney will be able to evaluate your case and find the proper experts needed for your claim. Contact the DuPage County personal injury lawyers at Mevorah & Giglio Law Offices. For a free consultation, call 630-932-9100.

Sources:

http://www.illinoiscourts.gov/circuitcourt/CivilJuryInstructions/30.00.pdf

http://www.illinoiscourts.gov/opinions/AppellateCourt/2013/3rdDistrict/3120305.pdf