When a person is injured in a car accident, it is not uncommon for them to fear that a pre-existing health condition will prevent them from recovering fair compensation for their accident-related injuries. They may believe that they were already injured to begin with, and even if the accident made things worse, they will not be able to recover any monetary compensation. In South Carolina, other drivers “take you as they find you.” In other words, if an accident aggravates a pre-existing condition, a negligent driver who caused the wreck can be held liable for all injuries that result.
This is also known as “the eggshell doctrine.” If a person has a pre-existing condition that makes him or her more susceptible to an injury than others, and someone’s negligence causes them injury, the injured party can employ this doctrine in court. Even if an accident would have caused minimal harm to an ordinary person, if an individual has a pre-existing condition that makes him or her medically fragile, he or she may be eligible for full compensation for the atypical serious injury sustained in the crash.
Common Pre-Existing Injuries
There are certain pre-existing health conditions that are easily aggravated by even a minor car accident, including:
- Degenerative disc disease
- Lower back problems
- Herniated discs
- Healed broken bones
- Past concussions or a history of concussions
- Prior knee injury
- Prior shoulder injury
Insurance companies will try every trick in the book to avoid having to pay injured victims full recovery. It is not uncommon for them to attempt to dig up evidence of a pre-existing condition and tell an injured victim that they are not entitled to recovery for injuries sustained in the accident because of it. They also often research your personal history to determine how likely you are to contest a claim. An experienced Columbia, SC car accident lawyer can negotiate with insurance companies on your behalf to get you the maximum amount you are entitled to for your injuries.
If you have been in an accident, you should gather past medical records to provide to your lawyer. An experienced attorney will ensure that only the records that are relevant to your current injury end up in the insurance carrier’s hands. There is no reason for them to have full, unfettered access to your medical history. You should also gather more recent records, as these will be helpful to support your claim.
Columbia Car Accident Lawyers at Chappell Smith & Arden, P.A. Aggressively Pursue Claims on Behalf of Our Clients
If you or a loved one has sustained injury in a car accident, we can help you begin down the path to recovery. Let us handle your legal claim so that you can focus on what is important—your health and family. With six office locations throughout South Carolina, we have been advocating for injured victims since 1993. To learn more about how we can help you get answers and hold the responsible parties accountable, schedule a free consultation with a seasoned Columbia car accident lawyer by calling 803-929-3600 or 866-881-8623, or contact us online. At Chappell Smith & Arden, P.A., we take pride in our responsiveness and personal attention to our clients.
We represent clients in Columbia, Aiken, Camden, Sumter, Orangeburg, Greenville, Florence, Beaufort, Irmo, Spartanburg, Myrtle Beach, Hilton Head Island, West Columbia, Rock Hill, Charleston, Lexington, Winnsboro, Summerville, and throughout the counties of Lexington County, Richland County, Sumter County, Charleston County, Aiken County, Florence County, Lancaster County, York County, Spartanburg County, Orangeburg County, Kershaw County, and Newberry County.