In cases where someone has a pre-existing condition, insurance companies like to use that against victims to deny or minimize their injury claims. Personal injury claimants have the right to pursue compensation for their injuries even if they had other injuries or conditions before the accident.
Injury cases where one has a pre-existing condition can be more complex. These claims often require more due diligence and medical support to prove that the new injuries occurred or that the existing condition or injury was made worse.
What is the Law in Indiana?
In Indiana, a defendant is fully responsible for the aggravation or exacerbation of a victim’s pre-existing condition under the “eggshell plaintiff” rule. The “eggshell plaintiff” rule in essence means that you take the victim as you find them. In other words, the negligent party cannot escape or reduce responsibility just because the victim was more vulnerable or had a pre-existing physical, emotion, or medical condition (e.g., arthritis, a prior back injury, or depression). If a defendant’s negligence worsens, accelerates, or triggers a flare-up of a prior condition, they are responsible for the resulting additional harm, pain, medical bills, and lost wages.
Indiana’s eggshell plaintiff rule allows full recovery for the aggravation of any pre-existing condition, regardless of how extensive the prior history. The defendant cannot escape liability by arguing that a healthy person would have suffered less harm from the same negligent act.
How to Prove Aggravation
Proof requires a comparison of the victim’s condition and treatment before the accident and after the accident. For example, if someone is seeing a chiropractor twice a week prior to the accident and then continues to see the chiropractor twice a week after the accident, it could be difficult to relate any exacerbation of a pre-existing condition. However, if the type of treatment changes, that is a factor. Other factors include a comparison between imaging studies before and after the accident which could show changes caused by the accident. New diagnostic codes, new medications, and new restrictions after the accident date are all important factors. Furthermore, the treating physician is often in a great position to opine on the accident triggering new problems. This is especially true if the doctor has treated the patient both before and after the accident,
If you have been injured in an accident and have concerns about a pre-existing condition or are getting pushback from the insurance company regarding a pre-existing condition, please contact an experienced attorney to discuss your case. Quite often, insurance companies try to persuade individuals with pre-existing conditions to accept low offers. An experienced Indiana personal injury attorney can help you navigate this process and get the medical documentation you need to maximize the compensation you deserve. Call the attorneys at Banks & Brower anytime at (317)870-0019 or email us at [email protected] for a free consultation. For every hour, there’s Banks & Brower.
