Pre-Existing Conditions and Car Accidents in Illinois

Navigating pre-existing conditions and car accident claims can be challenging, as Illinois insurance companies like State Farm or Progressive may attempt to minimize compensation based on prior injuries.

Our Chicago law firm is here to help you navigate these challenging insurance claims, securing fair compensation while protecting your legal rights. Contact us today for a free consultation about your auto accident claim.

What is a Pre-Existing Condition in a Car Accident?

In Illinois law, “pre-existing condition” refers to any medical issue, illness, or injury that existed prior to the car crash. This could be previous surgeries, chronic illnesses, or genetic predispositions.

Having a pre-existing issue does not preclude a victim from pursuing compensation in a car accident claim. The at-fault party is still liable for injuries if the crash worsened a pre-existing condition.

It is crucial to seek medical attention after any accident by visiting a Level 1 Trauma Center, such as UChicago Medicine. This creates strong medical evidence that, when combined with your complete medical history and the police report, helps prove that the accident caused or aggravated injuries.

What Is the “Eggshell Skull Rule” in Illinois Personal Injury Law?

The eggshell skull rule means that the liable party is still responsible for the harm caused by an accident, even if the accident victim was more prone to injury due to a pre-existing illness.

The name of this common-law doctrine comes from an example involving a victim with an unusually thin skull. If this plaintiff got into a minor car wreck, they may suffer a traumatic brain injury in circumstances where another person would be perfectly fine.

The defendant is liable for this traumatic brain injury, despite the fact that the accident aggravated a pre-existing medical condition. Defendants must take plaintiffs “as they are,” rather than comparing them to a hypothetical individual in perfect health.

This rule is codified in the Illinois Pattern Civil Jury Instruction No. 30.21, citing the Illinois Supreme Court case Balestri v. Terminal Freight Cooperative Association. Juries are instructed not to limit damages on the grounds of the accident worsening a pre-existing ailment, only to consider the harm done.

How Medical Professionals Differentiate New vs Aggravated Injuries?

While negotiating your personal injury claim, our attorneys will consult medical experts who can attest to how the car accident worsened pre-existing injuries. However, differentiating between new and aggravated injuries requires diagnostic tests and medical observation.

Baseline Medical Records: Doctors will review your complete medical history to identify any prior complaints you may have had. For example, if you have degenerative disc disease, they will review imaging reports to track the disease’s progression over time and determine whether new spinal cord injuries worsen your condition.

Diagnostic Imaging: MRIs, X-rays, CT scans, and other tests can distinguish between pre-existing and new injuries, such as recent muscle tears or fractures. Doctors will look for signs of healing in any fractures to determine their age, considering things like how the victim’s age may slow the healing process.

Blood Tests: In some cases, such as traumatic brain injuries, blood biomarkers can help date the injury and establish when it occurred. Blood testing and other labwork can also be valuable for disproving that you were intoxicated at the time of the crash, a common way to dismiss a victim’s injury claim.

Medical Observation: If you have a pre-existing injury, a significantly worsened condition can suggest that the accident aggravated it. For example, if your medical records show the condition was stable, but now you require surgery, this is clear proof that the crash made your condition worse.

Personal Records: A victim’s testimony, when combined with expert witness testimony, can be a powerful way to establish liability. Victims can explain how their current symptoms make everyday tasks more difficult than they were prior to the accident, or how increased pain has reduced their enjoyment of life.

How to Strengthen Your Personal Injury Claim and Recover Fair Compensation

Comprehensive records are crucial for recovering compensation, as they provide a complete picture of your life before and after the crash. These, in conjunction with official traffic reports, witness statements, and surveillance footage, form the backbone of a strong claim.

Medical History

Detailed medical records from prior to the accident can show that your pre-existing conditions were stable and that your previous treatment plan was working. With your permission, a personal injury lawyer from our firm will subpoena your providers to secure all your records, including those of pre-existing conditions.

While extensive medical records are valuable evidence, all parties should use only evidence relevant to the legal questions at hand. In Illinois personal injury cases, mental illnesses and developmental disabilities have increased confidentiality (740 ILCS 110/).

The insurance company must prove to the court that these records are pertinent to the personal injury claim and are not being used to defame the victim. Otherwise, the insurance company may attempt to argue that you were more liable due to poor decision-making or diminished capacity.

We will not let pre-existing conditions stand in the way of seeking compensation, including any mental health diagnoses you have. Through court motions, we will protect your medical privacy and ensure the focus remains on whether specific injuries are connected to pre-existing conditions.

Medical Records

Your medical records from immediately after the accident are among the most valuable pieces of evidence. By getting a comprehensive exam at a reputable medical center, like UI Health, you create a snapshot of your medical condition at the time of the accident.

Our attorneys will then compare this report to your medical history, identifying what changed after the crash and how it correlates with the police report. For example, if you had scoliosis and then suffered a spinal cord injury, we can demonstrate that the X-rays prior to the accident did not show fractures or hernias.

How an Experienced Car Accident Lawyer Can Help You Recover Compensation

Having an experienced Chicago car accident lawyer on your legal team can make all the difference in whether you receive fair compensation or are forced to pay out of pocket.

Insurance companies may attempt to use pre-existing conditions to argue that the victim bears a greater share of blame under modified comparative negligence, which could reduce the amount of compensation they receive (735 ILCS 5/2-1116).

If the car accident aggravated pre-existing injuries, the insurance company may argue that the victim was acting recklessly by driving and, therefore, is not entitled to the maximum compensation. A personal injury attorney helps prevent car accident victims from being unfairly blamed and ensures negotiations focus on each party’s actions, not their medical conditions.

In addition to defending you from insurance company tactics, our team will thoroughly investigate the accident mechanics using surveillance footage, witness statements, and police reports.

We can review traffic camera footage to determine whether the negligent driver failed to yield on the left at an intersection, as required by the Chicago Municipal Code (9-24-040), or attempted to overtake on the right instead of the left (625 ILCS 5/11-703).

Our team will consult expert witnesses, such as life care planners and medical specialists, to assess your current and future needs, including potential future medical bills and home modifications that may be necessary. Economists can attest to your loss of earning capacity, increasing your potential settlement.

Many car accident claims are settled out of court, sparing victims from testifying. However, we are members of the Illinois Trial Lawyers Association and have an exceptional track record at the Circuit Court of Cook County, securing verdicts well above the state average. We will methodically present the physical and medical evidence before a judge and jury while defending you from tactics such as claiming your pre-existing conditions were the sole cause of your current symptoms.

Explore Your Legal Rights in Car Accident Cases Involving Pre-Existing Conditions

Accident victims with pre-existing conditions need high-quality legal representation to protect them from deceptive insurance tactics. A Chicago traffic accident lawyer is here to help you explore your legal options and secure a fair settlement that covers your needs.

We are members of the Million Dollar Advocates Forum, having earned over $450 million in positive verdicts and settlements for our clients. Our compassionate approach has gained us the prestigious Super Lawyers® designation and a flawless 10/10 AVVO rating.

Our team works on a contingency fee basis: no legal fees unless we win. Contact our legal team today for a free consultation about how to secure a personal injury claim with pre-existing conditions.