Lancaster, SC and Indian Land, SC

Pre-existing Conditions in a Lawsuit

Let’s talk about how preexisting conditions or injuries might affect your case. This fact is often used by insurance companies to lessen or deny your claim. Their position is the car crash or fall did not cause these injuries because the injuries were already there. You were already damaged goods in their eyes. Actually, you may get hurt worse and take longer to heal if you have preexisting conditions. The law says you can recover for whatever injuries someone caused no matter what you were like before this new injury.

For example, let’s say that you have degenerative disc disease, which many people over 40 and most people over 60 will have. You get rear ended, and the sudden jolt makes this condition worse. You get compensated for it because they made it worse. That’s the law. It’s called the eggshell person.

So what if you had a problem before the car crash or fall? It is worse now and you get paid for that. Again, that’s the law in South Carolina. And you may have x-rays or MRIs of the old, earlier injuries, and recent x-rays or MRIs can and should show how these conditions were worsened by this fall or this car crash. Again, you get paid, case closed.