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Personal Injury Claims With A Pre-Existing Condition
Last Updated on February 7, 2025 by tanya
Personal Injury Claims With A Pre-Existing Condition
When pursuing personal injury claims with a pre-existing condition, it is essential that you understand that you may claim for compensation, despite having a medical condition or previous injury.
If you suffer from a pre-existing condition and are considering a personal injury claim, First Personal Injury can help you navigate the process and determine if you’re entitled to compensation. We partner with experienced lawyers who work on a ‘No Win, No Fee’ basis, ensuring your case is handled professionally and with care.
If you believe you have a case, First Personal Injury may be able to assist.
Chronic Conditions And Previous Injuries
A pre-existing condition refers to any medical condition or injury which a person had before a personal injury incident occurred. Pre-existing conditions may include chronic conditions such as arthritis to previous injuries like a herniated disc.
While making a claim can be more complex with a pre-existing condition, they are common. However, having a such a condition doesn’t automatically prevent you from receiving compensation in a personal injury case.
The Eggshell Skull Rule: Legal Protection for Victims with Pre-Existing Conditions
In personal injury law, the Eggshell Skull Rule is a key principle that protects victims with pre-existing conditions. According to this rule, the at-fault party is fully responsible for the harm they cause, even if the victim’s pre-existing condition makes them more vulnerable to injury. Essentially, the defendant cannot reduce their liability just because the victim had a condition that made them more prone to harm.
For example, if someone with osteoporosis suffers multiple bone fractures in a car accident. In this case, the driver at fault cannot argue for lesser liability just because the victim’s bones were already fragile. The law holds the defendant accountable for the full extent of the victim’s injuries, regardless of their pre-existing condition.
Common Pre-Existing Conditions in Personal Injury Claims
Certain pre-existing conditions are frequently cited in personal injury claims, such as:
- Previous Fractures or Surgeries
- Back and Neck Issues
- Arthritis
- Psychological Conditions
Key Factors in Proving the Impact of the Injury
To succeed in a personal injury claim involving a pre-existing condition, you must demonstrate how the accident worsened your condition. The following factors play a crucial role:
- Medical Records – Comprehensive medical documentation is essential. You should provide pre- and post-accident medical records to show the difference in your health status. Medical experts can analyse whether the injuries were a direct result of the accident or an aggravation of a prior condition.
- Causation: Proving the Accident Worsened the Condition- It is not enough to show that the you had a pre-existing condition; you must prove that the accident substantially contributed to your decline in health. Detailed physician reports can establish how the injury changed your medical condition.
- Consistency in Treatment & Symptoms – You must consistently follow up with medical treatment and adhere to your doctor’s recommendations. Any gaps in treatment can weaken the claim, as insurance companies may argue that the injuries were not serious or unrelated to the accident.
- Witness Testimony & Personal Statements – Statements from family, co-workers, or close friends can provide insight into how your daily life changed after the accident. Their observations can support claims of increased pain, reduced mobility, or loss of quality of life.
Your Next Step
At First Personal Injury we specialise in helping individuals with pre-existing conditions navigate the personal injury claims process. Our expert legal team works with lawyers who offer a ‘No Win, No Fee’ arrangement. For a confidential consultation, call us today at 0333 358 2345, or complete our online contact form to arrange a free, no-obligation phone consultation.