Pre-Existing Conditions & Personal Injury Claims: Can You Still Claim if You Had a Vulnerability?
Getting hurt in a non-fault accident is already tough, but if you had a pre-existing condition before the accident, then it gets even more stressful. You start thinking, can I still claim? Will they blame it all on my old injury? It’s confusing, and honestly, kind of overwhelming.
This article walks you through how personal injury claims in the UK work when pre-existing conditions are involved. You will get a better idea of your rights, how your past health might affect the claim, and what steps you can take if the accident made things worse.
If you had a pre-existing condition and got injured again, this guide is for you. It covers everything that you need to know.
What Counts as a Pre-Existing Condition?
A pre-existing condition is any illness or injury you had before the accident happened. It could be asthma. It could be arthritis. It could be a slipped disc from a long time ago. It does not matter whether you have an injury or not, but if it existed before the accident, then it’s “pre-existing”.
Some people think this means you cannot claim. That is not true. You can still go through the personal injury claims in the UK, even with a condition like that. You just need to prove things, and that might be trickier.
Can We Still Claim If We Had a Pre-Existing Condition?
Yes. You can still claim. The thing is, the accident might have made your condition worse. That is what matters. It is called “exacerbation”, it means your health issue got worse because of what happened.
Like you had a sore neck already. Then someone rear-ends your car, and now you can barely move your head. That is not your fault. You should not suffer without any help just because you had a small problem before.
How Can I Demonstrate a Personal Injury Claim with a Pre-Existing Condition?
You do have to prove that the accident made things worse. Insurance companies will try to argue. “They were already hurt,” they will say. That is just how it goes. They do not want to pay. So, you need evidence.
- Medical records (both before and after the accident)
- Treatment after and before the accident
- NHS Medical opinions
- Past and present radiography
A better way to demonstrate your evidence is to choose a good solicitor who has been through the personal injury claim process. The panel injury Solicitors at RU1NJURED know how to handle this. They will help you build a strong case.
What Is the Eggshell Skull Rule in Personal Injury Claims?
The eggshell rule, also known as the eggshell plaintiff theory, means that if someone injures you, they are responsible for all the damage, even if you were more fragile than most because of a pre-existing condition. This rule matters a lot. It protects more vulnerable people. Just because your body was not perfect before, that does not mean you deserve less.
Proving it can be complicated. You need to show that the accident made your condition worse. That is why having a good solicitor helps. They know how to use medical reports and expert opinions to get you better compensation for personal injury claims.
What Compensation Can We Claim for a Personal Injury in a Pre-Existing Condition
Many people think about what kind of compensation they can get. It depends on your condition, how much you suffer. So here is a short list for your concern.
- Medical costs: doctor visits, treatment, maybe physio
- Lost income: if you missed work, or never return to work
- Pain and suffering: physical pain, but also mental stress
- Travel expenses: sometimes you have to travel to appointments,
Every personal injury claim is different. If the accident made your condition worse or created new injuries, you are usually owed something.
Will Insurance Companies Blame Our Pre-Existing Condition?
Insurance companies and even the other party’s legal team will dig into your health history. They will try to say your injury is not because of the accident, or that you are exaggerating.
That is why you need paperwork. Your personal injury claim process starts with the truth. Be honest about your condition, don’t hide it. Then show how the accident made things harder. That is the smart way to go.
Why Do We Need Legal Help for a Personal Injury Claim?
Going through all of this is really hard. There is a lot of legal stuff. A lot of back-and-forth. If you already have a health issue, you don’t have the energy for all that. A personal injury solicitor in the UK will deal with the messy parts, the paperwork, the insurance company, and all the letters. You just have to focus on healing. They also know how to fight back if someone tries to use your old condition against you.
What If We Don’t Want to Go to Court?
If you don’t want to go, that’s okay. Many personal injury claims in the UK get settled outside court. Your solicitor negotiates with the other side. If both agree on a fair amount, that is it. Going to court only happens if there is a big disagreement or if the offer is way too low, but in most cases? It doesn’t get to that point.
Can We Claim If We Are Unsure About Our Case?
You might think your condition is “too old” or “not serious enough”. Or maybe you are scared the whole thing will just stress you out even more. If your condition got worse because of someone else’s negligence, you have the right to make a personal injury claim. Remember, most legal experts like RU1NJURED’s panel solicitors offer free initial advice. So just asking doesn’t cost anything.
Final Thoughts
No one wants to go through all this. You’re already dealing with enough old pain, new pain, confusion, and paperwork. It’s exhausting. Your condition does not make you weaker in the eyes of the law. The law protects you. If someone’s negligence made your health worse, you deserve support. Personal injury claims in the UK may take a bit more work when you have a pre-existing condition, but they are still worth it.
