Filing a personal injury claim with a pre-existing condition does not disqualify you from receiving compensation in Alabama. The law recognizes that a new accident can significantly worsen an old injury or cause a stable condition to flare up. You have the legal right to seek damages for the specific harm caused by the recent incident. A Montgomery personal injury attorney can help you file for compensation.
An aggravation of a pre-existing condition settlement focuses on the difference between your health before and after the accident. If a car accident turned a manageable backache into a disk protrusion requiring surgery, the negligent party is responsible for that decline.
Securing a fair pre-existing injury settlement requires clear medical evidence and a precise legal strategy. Insurance companies often try to blame your current pain on your history to avoid paying what they owe. Hunter | Everage identifies the medical facts necessary to show how the new trauma impacted your life and your ability to function.
Can You Still File a Personal Injury Claim With a Pre-Existing Condition?
You can file a personal injury claim if you have a pre-existing condition. Alabama law does not require you to be in perfect health to seek compensation after an accident. If another person’s negligence caused a new injury or worsened an existing one, you have the right to hold them responsible for the resulting damage.
A personal injury claim with a pre-existing condition focuses on the change in your physical condition. You are not asking for money to fix the original problem. Instead, you are seeking a pre-existing injury settlement based on the additional pain, new medical bills, and increased limitations caused specifically by the recent accident.
Insurance companies often try to use your medical history to deny your claim. They may argue that you were already hurt and that the accident changed nothing. However, if the incident aggravated a pre-existing condition, a settlement value exists because the law recognizes that a victim’s prior health status should not give a negligent driver or property owner a “discount” on the harm they caused.
What Is the “Eggshell Plaintiff” Rule in Alabama?
Alabama follows the “Eggshell Plaintiff” doctrine. This legal principle states that a defendant must take the victim as they find them. If a victim is more susceptible to injury due to a pre-existing weakness, the negligent party cannot use that frailty as an excuse to avoid paying for damages.
If a person with brittle bone disease breaks a limb in an accident that might not have injured a healthier person, the at-fault party is still responsible for the full extent of the harm. The law protects your right to a pre-existing injury settlement regardless of your physical health at the time of the accident.
How Insurance Companies Use Pre-Existing Injuries Against You
Insurance companies aim to pay out as little as possible. When they learn you have a prior injury or a chronic condition, they often use it as a reason to lower the value of your claim or deny it entirely.
Adjusters often use specific tactics to create doubt about your case:
- Requesting Broad Medical Histories: They look for any past treatment (even from years ago) to claim that your current symptoms are not new.
- Blaming Degenerative Changes: For back or neck injuries, insurers frequently point to “wear and tear” or age-related changes seen on X-rays.
- Questioning the Necessity of Treatment: They may claim that the medical care you are receiving is actually for your old condition.
- Monitoring Your Activity: Companies sometimes use private investigators or social media monitoring to find photos of you being active. They use these images to argue that you are exaggerating how much the accident worsened your health.
The best way to fight these tactics is to be honest with your doctor and lawyer about your history. By showing a clear “before and after” picture of your health, you can prove that the recent accident created a new and distinct level of harm that deserves compensation.
Proving Aggravation of a Pre-Existing Condition
To prove that an accident aggravated a pre-existing condition, you must show that the incident directly caused an increase in pain or new symptoms. Medical evidence is crucial in this case. This can include:
- The doctor’s testimony stated how the accident worsened the condition.
- Medical records that show a significant change in your health following the accident.
- Diagnostic tests (e.g., MRIs, X-rays) that reveal the extent of the aggravation.
You may also need to prove that the aggravation was not simply a continuation of your pre-existing condition but a new and different injury caused by the accident. Expert testimony and detailed medical records can help substantiate your claim for an aggravation of a pre-existing condition settlement.
How a Montgomery Personal Injury Lawyer Can Strengthen Your Case
Attorneys at Hunter | Everage focus on several key areas to build a strong case for an aggravation of a pre-existing condition settlement:
- In-depth Investigation and Case Preparation: Our personal injury lawyers will conduct a thorough investigation into the circumstances surrounding your accident. This includes gathering all relevant evidence, such as accident reports, witness statements, and video footage.
- Medical Record Insulation: We review your past medical history to ensure insurance adjusters only receive records relevant to the current accident.
- Working With Medical Experts: We work with medical professionals who can testify about the “pathological change” in your condition. These experts help prove that the recent accident caused a new, distinct level of impairment.
- Calculating Total Loss: We calculate the loss of earning capacity and the increased need for future care, such as physical therapy or pain management, that resulted from the aggravation.
- Negotiation with Insurance Companies: We will deal with insurers so you are not taken advantage of. We will handle negotiations and advocate on your behalf to secure a fair settlement.
- Building a Strong Case for Trial: If your case ends up in court, having a lawyer skilled in trial law is crucial. We will prepare your case with all the necessary documents, witness testimonies, and expert opinions that prove the accident worsened your pre-existing condition.
Contact Our Montgomery Personal Injury Lawyer
If you’ve been injured in an accident and have a pre-existing condition, you have the right to fair compensation. Contact Hunter | Everage today to speak with a Montgomery personal injury lawyer who can help you understand your rights and fight for compensation.
Our team provides personalized, effective legal representation to ensure the best possible outcome in your case. Contact us at 704-377-9157 to schedule a free consultation.
