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How Pre-Existing Conditions May Affect Your Personal Injury Claim


Personal injury claims need to include a fair evaluation of the injuries suffered by the plaintiff in order to be resolved correctly. When the plaintiff was in perfect health before the accident, it can be simple to measure the medical costs of treatment and estimate future costs. Few people are actually in perfect health, however, and most injury plaintiffs will have some sort of pre-existing health condition. How do such conditions factor when determining damages?

Paying for Injuries Caused or Worsened

When a defendant in a personal injury claim is found liable for the plaintiff’s injuries, new and pre-existing health conditions are taken into account. This is to say, damages paid in compensation should consider injuries caused by the accident in question, and injuries worsened by the incident.

If your knee pain worsened after a car accident caused by a reckless driver, for example, the pre-existing condition is relevant to your case and claim. Even though you may have sought medical treatment in the past for your knee, the liable party still owes you damages for any future treatments for that knee. After all, it could be argued that you were on the verge of recovery, but the crash made everything worse again.

What is the Eggshell Skull Rule?

Personal injury liability law includes an oddly named rule: the eggshell skull rule. It describes a situation in which someone has a skull no stronger than an eggshell. People who cause harm to that person can be held liable for all damages, despite that person’s proclivity for serious injury. The rule establishes that someone who is vulnerable to harm does not need to take extra steps to prevent injuries caused by another party. The underlying truth is everyone is responsible for their own actions, not the actions of those around them.

Personal Injury Attorneys in Dunedin

Paulsen Law Group has been assisting the wrongfully injured throughout Tampa Bay for more than 15 years. Our Dunedin personal injury lawyers have the knowledge needed to manage any case, including those with complexities caused by pre-existing health conditions. Be sure to call our law firm at (727) 270-8260 to request a free case consultation if you believe you have a valid reason to file a claim.

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