Can a Pre-Existing Medical Condition Prevent You from Winning Your Personal Injury Lawsuit? (2024)

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Can a Pre-Existing Medical Condition Prevent You from Winning Your Personal Injury Lawsuit? (1)

Sep 4, 2024

Let’s start out this article by making it very clear that the way we’ll be discussing “pre-existing conditions” here is a bit different from what you might ordinarily expect.Since theAffordable Care Actwas enacted in 2010, one of its most popular aspects has been that itprevents insurance companies from withholding health coverage or benefits – or for charging higher premiums – for people who havepre-existing medical conditions.

Today we’re going to discuss in some detail the idea ofpre-existing medical conditions– butnotfrom the usual standpoint of health insurance.Instead, we’re doing sofrom alegalperspective, which is somewhat different.

It’s important to first understand that personal injury cases are litigated using a long-standing legal foundation known as“stare decisis”– Latin for the English saying “let the decision stand.”In other words, judges’ decisions made in the past, and jury verdicts which have been issued about prior cases, help establish importantlegal precedentsthat current courts use when making decisions about present-day litigation.Pre-existing health conditions have a long history with regard to setting legal precedents, beginning with pivotal court cases decided more than a century ago that are still respected today.

Why is the “Eggshell Skull” Rule Important?

One such historic decision has provided generations of attorneys and judges with a vital legal precedent that’s now known as the“eggshell skull” rule.This precedent-setting case originated all the way back in 1891… though ironically, the case actually had nothing at all to do with anyone’s skull! In fact, it resulted from atragic incident involving two Wisconsin schoolboys.

Here’s how it unfolded: One of the boys (George Putney) kicked his classmate (Andrew Vosburg) in the shin while attempting to get his attention in class.Putney was unaware that Vosburg had a pre-existing infection in his leg, which was exacerbated when Putney kicked him. In fact, Vosburg’s injury eventually became so bad that the lad was unable to use his leg properly ever again and he sued Putney for the resulting damages.Wisconsin’s Supreme Court ruled on this seminal personal injury case that Putney was liable for Vosburg’s injurydespite being unaware of the pre-existing infection in his classmate’s leg.

The so-called “eggshell skull” doctrine attempts to explain the Wisconsin court’s decision by setting forth the idea that defendants who cause harm to unusually vulnerable plaintiffs are indeed responsible for the damages they cause…even if they had no knowledge of a plaintiff’s pre-existing condition.

What Happens in Michigan if Your Pre-Existing Condition Is Aggravated by a New Injury?

As you may imagine, an injured plaintiff can take legal action if any pre-existing medical condition gets worse after being hurt by someone through no fault of their own – whether their prior condition had been well documented in the pastoreven if it only becomes apparent after being injured.

Of course, Michigan’s No-Fault Insurance law can come into play here as well.That’s because yourPersonal Injury Protection benefitscover medical expenses you incurup to the limit you’ve chosenwhen you purchased your policy.So, as we always say, choosingunlimitedPIP benefits is the only way to go. If you don’t, once your limited PIP benefits have been exhausted – or if your car insurance company has stopped paying for wages you lost due to your injuries preventing you from working – you can attempt to recover those funds by filing apersonal injury lawsuitagainst the person responsible for your injuries, especially if your pre-existing medical conditions have been aggravated by their careless or malicious actions. (But remember that there is a very shortstatute of limitationsfor filing such a suit, so don’t wait too long tocontact us!)

It’s Important to Have a Medical Exam Following Any Accident, but Especially When Pre-Existing Conditions Have Worsened

As we stressedin a previous article, documenting the extent of your injuries by obtaining detailed medical records is crucial to building a successful personal injury case.Your doctor’s assessment of your previous medical condition, and how it has been exacerbated by the new injuries you’ve just experienced, can provide a judge and jury with unbiased evidence to help prove you deserve compensation to deal with any new costs you might incur, as well as for the pain and suffering those aggravated injuries may cause you to experience going forward.

For instance, if you have a bad back, and have been treated in the past for spinal pain, you may require additional medications, physical therapy, or even surgery if you’re involved in a car accident that aggravates your previous injuries.The legal precedent established by the “eggshell skull” rule legally permits you to seek compensation for those new costs.

Put Our Experience to Work for You

Whether you’ve just been hurt… or you’ve had old, long-forgotten injuries come back to haunt you as the result of an incident that aggravated old wounds… one way to receive the compensation you deserve is to hire our team ofexperienced personal injury attorneysto represent you in court.We’re fresh off winning a$75 million settlement for some very deserving clients– the largest award for a single wrongful death lawsuit in the history of Michigan – so you can believe we’re up to the task.To get us working for you, call855-MIKE-WINS(855-645-3946) orcontact us onlinetoday.

Can a Pre-Existing Medical Condition Prevent You from Winning Your Personal Injury Lawsuit? (2)

Content checked by Mike Morse, personal injury attorney with Mike Morse Injury Law Firm. Mike Morse is the founder of Mike Morse Law Firm, the largest personal injury law firm in Michigan. Since being founded in 1995, Mike Morse Law Firm has grown to over 200 employees, served 40,000 clients, and collected more than $1.5 billion for victims of auto, truck and motorcycle accidents. The main office is in Southfield, MI but you can also find us in Detroit, Sterling Heights and many other locations.

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Can a Pre-Existing Medical Condition Prevent You from Winning Your Personal Injury Lawsuit? (2024)

FAQs

Can a Pre-Existing Medical Condition Prevent You from Winning Your Personal Injury Lawsuit? ›

Pennsylvania follows the “eggshell plaintiff” doctrine, which means that a defendant takes a plaintiff as they find them. If you have a pre-existing condition that makes you more susceptible to injury, the defendant is still liable for the full extent of the harm caused.

How can a pre-existing condition affect a personal injury claim? ›

The doctrine states that although an injured party may have pre-existing conditions that make them more vulnerable to injury, this doesn't remove liability from a defendant in any type of court case — including a personal injury claim.

What is aggravation of pre-existing medical condition? ›

Aggravation of a preexisting injury or aggravation of a preexisting condition is the degree to which an injury or condition that a plaintiff had before an incident that forms the basis of a negligence lawsuit was made worse by the incident that forms the basis of the negligence lawsuit.

What is a pre-existing injury or illness? ›

A medical illness or injury that you have before you start a new health care plan may be considered a pre-existing condition. Conditions like diabetes, chronic obstructive pulmonary disease (COPD), cancer, and sleep apnea, may be examples of pre-existing health conditions. They tend to be chronic or long-term.

Is a back injury a pre-existing condition? ›

For example, if you hurt your back five years ago and then injure it again recently, that old back injury is considered a preexisting condition. Common examples include recurring injuries to your back, knee, shoulder, or even conditions like heart disease if you've suffered a work-related heart attack.

What is a pre-existing condition limitation? ›

A pre-existing condition exclusion period limits the number of benefits that an insurer has to provide for specific medical conditions and does not apply to medical benefits afforded by a health insurance policy for other types of care.

Can pre-existing conditions be denied? ›

Health insurers can no longer charge more or deny coverage to you or your child because of a pre-existing health condition like asthma, diabetes, or cancer, as well as pregnancy. They cannot limit benefits for that condition either.

What are serious pre-existing conditions? ›

A serious pre-existing condition is one that may require intensive medical intervention to treat or manage; or have high risk of future complications or recurrence, and therefore may require prolonged treatment.

What is a stable pre-existing medical condition? ›

Most Standard travel medical insurance policies contain what is commonly referred to as a “stability” clause. These clauses require your pre-existing medical conditions to be “stable” for a defined period of time prior to the date you leave on your trip.

What are examples of pre-existing health conditions? ›

An illness or injury experienced before enrollment in a health insurance plan may be considered a pre-existing condition. Pre-existing conditions can include health issues such as cancer, diabetes, lupus, depression, acne, pregnancy, or just about any other health condition you can imagine.

How long is a pre-existing medical condition? ›

It applies to any medical condition that you saw your doctor about the five years before the start date on your health insurance. For example, you might take out a policy and then go and see your GP about some back pain you've been experiencing.

Is chronic pain a pre-existing condition? ›

A pre-existing condition is a medical illness or injury that was diagnosed or treated before an accident occurred. Most often, a pre-existing condition refers to chronic or long-term conditions such as arthritis or chronic back pain.

Is a broken leg a pre-existing medical condition? ›

Pre-existing conditions may also include past injuries from which you have healed, such as a broken ankle, a torn ligament or a concussion. Regardless of how trivial you may think a condition is, it falls under pre-existing conditions if you have symptoms for it or have sought treatment for it in the past.

How does a pre-existing condition affect a personal injury claim? ›

A pre-existing condition should not affect your personal injury claim. If you have a pre-existing condition that worsens or requires new treatment because of a personal injury accident, you should be able to recover compensation for these costs.

What is the look back period for pre-existing conditions? ›

Travel insurance companies impose a “look-back period,” which is a specific time frame when a pre-existing condition is considered stable, usually between 60 and 180 days.

Will Medicare pay for a pre-existing injury? ›

Yes. Medicare Advantage (MA) plans won't reject your enrollment if you have a preexisting condition. But since MA plans are offered by private insurance companies, coverage levels and costs can vary from company to company.

What do insurance companies consider pre-existing conditions? ›

A health problem, like asthma, diabetes, or cancer, you had before the date that new health coverage starts.

What are the limitations on personal injury claims? ›

Time limits

You should get legal advice urgently if you want to claim compensation. The most common claim in a personal injury case is negligence and the time limit for this is 3 years. This means that court proceedings must be issued within 3 years of you first being aware that you have suffered an injury.

Do pre-existing conditions affect life insurance? ›

Having a pre-existing condition may result in paying higher life insurance premiums. However, taking steps to manage your condition, exercise, and lead a healthy lifestyle can improve your condition and make insurers more willing to offer you a policy.

What is the eggshell plaintiff doctrine? ›

The eggshell-plaintiff doctrine protects the rights of a plaintiff whose pre-existing fragility makes them particularly susceptible to injury. The tort-feasor takes the injured plaintiff as she is found.

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