Your right knee has been hurting for a long time. Your orthopedist says the cartilage is very thin, and you will eventually need a knee replacement. You tell him you’re not ready, and he says it is all right to wait a while. On the way home from his office, a car hits you head-on. The airbag protected your head and neck, but your right knee banged into the dashboard. Hard! In terms of this accident, you have what is known as a “pre-existing condition.”
What Is A Pre-Existing Condition?
A pre-existing condition is any illness, injury, or medical condition you had before this accident. It usually includes such conditions as back and neck injuries, concussions, traumatic brain injuries, osteoporosis (weak and brittle bones), and mental health conditions, such as anxiety, depression, and post-traumatic stress disorder. It probably doesn’t involve such medical issues as diabetes, heart disease, or cancer, but it could. If you were receiving chemotherapy treatments, and your cancer was already affecting your mental health with anxiety and depression and your physical health with weakness and pain, that could be a pre-existing condition.
So, I Can’t Recover Any Damages Because I Have A Pre-Existing Condition?
Yes, you certainly can. If the accident worsened your condition, you are entitled to recover damages. Maryland, Virginia, and the District of Columbia (DC) all have laws that are referred to under different names: “thin-skull doctrine,” “egg-shell skull doctrine,” and “egg-shell plaintiff.” All these doctrines basically mean the same thing: the person who caused the accident (defendant) must take the victim (plaintiff) as they find them, regardless of their pre-existing conditions.
Keep in mind, however, that all three jurisdictions still follow the doctrine of contributory negligence. This means that if the defendant can prove that you contributed even a small percent to the accident, you won’t be able to recover any damages.
Do I Have To Prove That My Pre-Existing Condition Was Made Worse Because Of The Accident?
In cases such as this, the burden of proof is on you, the plaintiff, to prove the damages you suffered worsened your pre-existing condition. You have to show that your condition was stable at the time of the accident, and there was no reason to believe your condition would become significantly worse before the accident. In the example above, it is fortunate that you had just left your doctor’s office.
The best way to help your case is to document everything. You must be honest about your medical condition and make your medical records available to your attorney and to the defendant. Keep a diary of all your medical appointments and how the accident has affected your daily life with respect to your pre-existing condition. Be sure to follow all medical advice from your doctor after the accident. If you can, have your treating physician evaluate you after the accident, as they would be able to make the comparison to your prior condition.
Most importantly, seek the help of an experienced, knowledgeable personal injury attorney. You will need someone in your corner to assist in this difficult journey and to deal with the insurance company.
The defendant’s insurer will use every trick in the book to pay you the least amount they can get away with. They don’t make any money if they have to give it to you. They will argue that your current injury is from your pre-existing condition, not because of the accident at issue. That is why keeping a diary, producing your medical records, and following your physician’s advice is so important. Your attorney will work with you and the defendant’s insurance company to get you the best deal they can.
What Kind Of Compensation Can I Get?
As in any type of personal injury case, you would be entitled to economic and non-economic damages. The economic damages would include such costs as medical expenses, lost wages, and any property damage. These could also include potential future lost wages, if you cannot return to your job. Non-economic damages are subjective conditions, such as pain and suffering, emotional distress, and loss of enjoyment of life. Your attorney might use the expertise of medical professionals and financial analysts to support your claim.
Let Us Help You Through This Difficult Time.
At Jennifer Porter Law, PLLC, we have decades of experience collecting evidence, assessing information, and proving that pre-existing conditions were indeed made worse by the accident. If you or a loved one suffered injuries in an accident in Virginia, Maryland, or DC, we would be happy to talk to you about how you can recover damages for the exacerbation of your pre-existing condition. Contact Jennifer Porter Law, PLLC at (571) 532-9070 or online for a free consultation and case evaluation.
