Car accidents are traumatic experiences that can cause a range of injuries, from minor to life-altering. However, when a person involved in a car accident has a pre-existing condition, the consequences can be even more severe. Pre-existing conditions, such as old injuries, chronic health issues, or degenerative conditions, can be aggravated by the impact of an accident, causing increased pain and disability.
In Illinois, victims of car accidents have the right to seek compensation even when the injuries from the accident exacerbate a pre-existing condition. The challenge lies in proving how the accident worsened the condition and securing a fair settlement from insurance companies that often try to minimize or deny claims. This article will explore how the law in Illinois handles compensation for aggravated pre-existing conditions, the legal nuances involved, and how you can protect your rights.
A pre-existing condition is any injury or medical condition that existed prior to the car accident. This could be a chronic illness, an old injury, arthritis, or even a degenerative condition like spinal stenosis or a herniated disc. The key issue in personal injury cases involving pre-existing conditions is whether the accident aggravated or worsened the condition.
Under Illinois law, a person can seek compensation for the aggravation of a pre-existing condition if the accident made their condition worse. Illinois courts follow the “eggshell plaintiff” doctrine, which means that a defendant (in this case, the at-fault driver) must take the victim as they find them. This means that even if the victim was more vulnerable to injury due to a pre-existing condition, the defendant is still liable for the harm caused by the accident.
In Illinois, personal injury law allows plaintiffs to recover compensation for injuries that aggravate a pre-existing condition. However, to succeed in your claim, you must demonstrate that the accident exacerbated the condition, rather than simply causing symptoms to persist at their previous level. This requires solid medical evidence and sometimes testimony from medical professionals to differentiate between the effects of the pre-existing condition and the impact of the car accident.
The Eggshell Doctrine: Illinois law protects injured parties with pre-existing conditions under the “eggshell plaintiff” rule. This doctrine states that the defendant is responsible for all consequences of their negligence, even if the victim’s pre-existing condition made them more vulnerable to severe injury.
Causation: The plaintiff must prove that the car accident caused the aggravation of the pre-existing condition. Medical records and expert testimony are essential to establish this causation.
Apportionment: In some cases, defendants or insurance companies may argue that only a portion of the injury is due to the accident, while the rest is due to the pre-existing condition. It is critical to work with an accident attorney who can help ensure you are compensated for the full extent of the aggravated injury.
There are many types of pre-existing conditions that can be worsened by the force of a car accident. Some of the most common include:
Pre-existing back and neck conditions, such as herniated discs, degenerative disc disease, or whiplash from previous accidents, are often aggravated in car crashes. Even a low-speed collision can exacerbate an existing back or neck injury, leading to severe pain, limited mobility, and the need for additional medical treatment.
Conditions like arthritis or previous knee, shoulder, or hip injuries can be worsened in an accident. The trauma from a car accident can lead to further damage to the joints, requiring surgery or extended physical therapy.
Individuals with pre-existing head injuries, including concussions or traumatic brain injuries (TBI), are particularly vulnerable in accidents. Even a mild bump can aggravate an old head injury, causing more serious cognitive impairments, headaches, or dizziness.
Car accidents are stressful and can exacerbate pre-existing heart conditions like hypertension or arrhythmias. Stress from the accident, along with physical trauma, can lead to increased complications for individuals with these conditions.
Psychological conditions such as anxiety, depression, or post-traumatic stress disorder (PTSD) can also be worsened by a car accident. The emotional trauma of the accident may trigger or exacerbate symptoms, requiring ongoing mental health treatment.
A 45-year-old man from Schaumburg had suffered a herniated disc several years before he was rear-ended in a car accident. Prior to the accident, he had been managing his condition with physical therapy and pain medications. After the crash, however, his back pain worsened significantly, and he required surgery to repair the damaged disc.
The insurance company argued that the injury was due to his pre-existing condition, not the accident. However, with the help of his attorney, the plaintiff was able to provide medical records showing that his back condition had been stable before the accident and that the collision aggravated his injury. The court awarded him compensation for his medical expenses, lost wages, and pain and suffering related to the aggravated injury.
Key Takeaway: Medical records showing the stability of the pre-existing condition before the accident played a critical role in proving the aggravation and securing compensation.
A 60-year-old woman in Aurora had arthritis in both of her knees, which caused mild discomfort but did not limit her mobility. She was involved in a side-impact collision at an intersection, and afterward, her arthritis symptoms worsened to the point where she required knee replacement surgery.
The defense argued that the need for knee replacement surgery was due to her pre-existing arthritis, not the accident. Her attorney provided medical expert testimony showing that while she did have arthritis, the trauma from the accident significantly accelerated the need for surgery. The jury found that the accident had aggravated her pre-existing condition, and she was awarded damages for her medical expenses and diminished quality of life.
Key Takeaway: Expert testimony can be essential in cases involving pre-existing conditions, particularly in distinguishing between the normal progression of a condition and aggravation caused by the accident.
A woman from Chicago had been diagnosed with post-traumatic stress disorder (PTSD) after a traumatic event years earlier. Following a car accident, her PTSD symptoms, which had been under control with therapy and medication, resurfaced more intensely. She began experiencing severe anxiety, panic attacks, and flashbacks, making it difficult for her to return to her daily activities.
The insurance company refused to offer compensation for her emotional distress, claiming that the PTSD was a pre-existing condition. Her attorney gathered medical records and testimony from her therapist to show that her PTSD had been managed before the crash and that the trauma from the accident had triggered a significant worsening of her symptoms. She received compensation for her ongoing therapy and emotional distress.
Key Takeaway: Even mental health conditions can be aggravated by an accident, and with proper documentation and legal representation, victims can recover compensation for emotional and psychological damages.
When pursuing a personal injury claim for the aggravation of a pre-existing condition in Illinois, it’s important to take specific steps to protect your rights and build a strong case.
After an accident, seek medical attention right away, even if your symptoms seem minor. Ensure that your healthcare provider documents your current condition and compares it to any pre-existing injuries. This documentation will be critical in proving that the accident worsened your condition.
Be honest and upfront about your pre-existing condition. Insurance companies will likely have access to your medical records, and any attempt to hide any prior injury could harm your credibility. By fully disclosing your medical history, your attorney can build a case that shows how the accident aggravated your condition.
Medical expert testimony can be crucial in proving the aggravation of a pre-existing condition. Your attorney may work with doctors who can explain how the accident caused your condition to worsen and why the defendant should be held responsible for the resulting damages.
Keep a journal of your symptoms after the accident, including any pain, discomfort, or limitations in mobility. Record how your condition worsened after the accident and how it has impacted your daily life. This can serve as evidence to show the changes in your condition following the collision.
Personal injury cases involving pre-existing conditions can be complex. Insurance companies often try to minimize or deny car accident claims, arguing that the injuries were not caused by the accident. An experienced Illinois personal injury attorney will understand how to gather the necessary medical evidence, work with experts, and negotiate with insurance companies to ensure you receive fair compensation. Many attorneys offer a free case evaluation.
If a car accident has aggravated your pre-existing condition, you have the right to seek compensation under Illinois law. While these cases can be more challenging to prove, with the right legal representation and thorough medical documentation, you can recover damages for the harm caused by the accident. The aggravation of a pre-existing condition can lead to increased pain, medical expenses, and a diminished quality of life, but Illinois law ensures that you are not left to bear these burdens alone.
By working with an experienced attorney, you can build a strong case that demonstrates how the accident directly worsened your condition. Pursuing compensation can help cover medical costs, lost wages, and other damages, ensuring you have the support needed to move forward. Don't hesitate to seek the justice and relief you deserve.
Working With Palermo Law Group
Navigating the complexities of car accident cases becomes even more challenging when a pre-existing condition is aggravated by an auto accident. At Palermo Law Group, our experienced team is dedicated to helping accident victims pursue the compensation they deserve. Whether it’s holding the at-fault party accountable or ensuring that your medical bills and long-term needs are factored into your case, we provide expert legal guidance every step of the way.
With a proven track record of securing favorable verdicts in car accident cases, our law firm is committed to delivering justice for our clients. Contact us today for a free consultation with a skilled car accident lawyer, and take the first step toward protecting your rights and achieving the compensation you deserve.
For a free consultation with Palermo Law Group, contact our law firm by calling (630) 684-2332 or visit our website at https://www.palermolawgroup.com/.