If you’ve experienced an injury in an accident and have a pre-existing health issue, you might worry about how it will impact your case. True, pre-existing conditions can complicate matters. However, they don’t necessarily prevent you from seeking compensation.
Pre-existing conditions and Illinois’ “eggshell plaintiff” rule
When you file a personal injury case in Illinois, defendants or their insurance companies may try to use your pre-existing condition to minimize their liability. They might argue that your current symptoms are due to your pre-existing condition rather than the accident. This can make it more challenging to prove that the accident caused or worsened your injuries.
However, Illinois case law recognizes the “eggshell plaintiff” doctrine. This legal principle states that defendants must take the claimant as they find them. This applies even when that person is more susceptible to injury because of a pre-existing condition. In other words, if the accident aggravated your pre-existing condition, the at-fault party is still responsible for the additional harm caused.
Ways to protect your rights when you have pre-existing conditions
Despite having a pre-existing condition, you can take several steps to protect your rights in a personal injury case:
- Seek immediate medical attention: After an accident, get a thorough medical examination. This helps document how the accident affected your pre-existing condition.
- Be honest about your medical history: Disclose your pre-existing condition to your healthcare providers and during the claims process. Hiding information can harm your credibility and case.
- Gather comprehensive medical records: Collect medical records from before and after the accident. These documents can help demonstrate how the accident worsened your condition.
- Keep a detailed journal: Document your symptoms, pain levels, and how the injury has affected your daily life. This can show the difference between your pre-accident and post-accident condition.
- Consider expert testimony: Medical experts can help explain how the accident aggravated your pre-existing condition. They may be able to clearly differentiate between old and new symptoms.
Remember, you have the right to seek compensation for any additional harm an accident causes, regardless of your prior health status. With proper documentation and a clear understanding of your rights, you can work toward a fair resolution of your injury claim in Illinois.
