Car accidents are bad enough when you do not have any pre-existing conditions. But, they become catastrophic when they cause you more harm on top of an existing injury. Moreover, car accidents can also make pre-existing conditions worse while leaving you with additional injuries.
When this happens, seeking fair compensation from the liable party’s insurer becomes challenging. The insurance company will likely argue that your injuries stem from medical issues, not the accident. They may even try to prove that you have not had treatment for your injuries, which is why they have worsened.
Fortunately, the law states that aggravating a pre-existing condition in a car accident can still warrant compensation.
What Are Pre-Existing Conditions
A pre-existing condition refers to any injury or medical problem you may have had before an accident. For instance, you may have long-standing issues with arthritis or disc disease. You may struggle to heal from a sprained ankle or broken arm.
Pre-existing conditions can also mean chronic migraines or mental health challenges. All these conditions are very common, but they cannot automatically disqualify you from claiming compensation after an accident.
Like most other states, Oregon law ensures victims receive fair treatment after an accident, even if they have a history of pre-existing conditions.
Eggshell Plaintiff Rule
Oregon enforces the eggshell plaintiff rule for personal injury cases stemming from car accidents. This rule is a legal principle that states the at-fault party must take the victim as they find them.
In plain language, this means that if your pre-existing condition is worsened because of an accident, the person who caused the accident is responsible for your worsened condition.
For instance, you may have mild back pain because you picked up something heavy a year ago and strained your back. If your back pain becomes severe after the accident and you require surgery, the at-fault driver can be held liable.
The same principle applies to emotional challenges. If you suffer from anxiety, the trauma of the accident can make your symptoms worse to the point where you need therapy. Your compensation for the accident should cover this mental health impact.
The eggshell plaintiff rule means you or your lawyer must demonstrate that the accident worsened your injury. It does not mean the defendant must prove the condition existed beforehand. It also does not matter whether the defendant knew about the plaintiff’s pre-existing injury.
Challenges When Filing a Claim
Despite having some protection via the eggshell plaintiff rule, pursuing a compensation claim will not be a walk in the park.
Insurance Companies Often Deny Claims
The at-fault driver’s insurer may argue that your injuries are unrelated to the accident. If you are in pain, the insurer may insist that your pre-existing injury or condition is to blame.
For instance, they may claim your back pain can be explained by degenerative disc disease, even if your medical records show the impact of the accident made it worse.
Proving Aggravation
The problem is that, without a medical record, you will find it impossible to prove your injury was aggravated by the accident. You need detailed medical evidence that draws a link between the accident and your worsened condition.
This is also why getting medical attention after a car accident is crucial, even if you feel fine. Worsening symptoms can show up later, and if you did not receive medical care initially, you will not have the medical records you need for evidence.
Emotional and Physical Strain
When you are already in more pain and feeling emotionally overwhelmed, dealing with insurance companies will overwhelm you. The stress and strain of this process can negatively impact your overall health.
What to Do After a Car Accident
If you have a pre-existing condition and are in a car accident, follow these steps.
- Get immediate medical help. As explained above, medical care is the first thing to consider after an accident. When you go to the ER or your doctor, tell them about your pre-existing condition so they can immediately check for aggravation.
You must keep all records and receipts from this initial visit and follow-ups. This includes keeping information about diagnoses and treatments as well.
- Always be honest. The worst thing to do is to conceal your medical history. You must be upfront about any pre-existing health issues when you speak to your doctor or lawyer. If you lie about it, you will be less credible in front of the defendant’s lawyers and insurance companies. Holding back information instantly weakens your compensation case.
- Document everything. In addition to medical records, you must document everything related to your case. Keep records of correspondence with insurance companies, whether in person or via email.
- Get a lawyer. You need a lawyer on your side who is current and experienced with Oregon laws. Whether you win or lose, your case will make all the difference.
Medical Evidence Is Your Best Ally (Apart From Your Lawyer)
Strong medical evidence will likely be the deciding factor in your case. Aside from medical records, your doctor’s testimony will go a long way. Testimonies and opinions from other respected medical professionals will be included.
As part of your medical evidence, you should also have new X-rays, MRI, and other diagnostic tools that prove aggravation of your existing conditions.
What You Can Get Compensated For
Your lawyer can help you claim compensation for medical bills, which include additional treatments and surgeries because of your worsened health condition.
You can also claim compensation for the money you lose while you cannot work. Furthermore, if you suffer increased physical and emotional pain because of the accident, you can claim non-economic damages as well.
A Lawyer Can Help
Your lawyer can help identify evidence to strengthen your case. They can negotiate with insurers on your behalf and represent your case in court when no settlement is reached.
If you are injured and your pre-existing condition gets worse after an accident, Oregon law is on your side. You do not have to ‘fight the system’ or file a claim alone. Most importantly, you do not have to face insurers on your own.
A personal injury lawyer will help you through the entire legal process and give you the best chance at winning your case.
