How Do Pre-Existing Conditions Affect My Motorcycle Injury Claim?

When a motorcycle accident occurs, the victim’s pre-existing medical conditions can affect the outcome of their case. It is essential to understand how pre-existing conditions can impact the case and what steps you can take to ensure that you receive a fair settlement.

In this article, we will discuss the impact of pre-existing conditions on your motorcycle accident case and provide guidance on how to protect your rights.

If you’ve been in a motorcycle accident and you have a pre-existing condition, it’s crucial to work with an attorney. A West Virginia motorcycle accident lawyer will work alongside you to ensure you’re not taken advantage of by the insurance companies.

Contact Miley Legal today to schedule a free case review.

Understanding Pre-Existing Conditions

A pre-existing condition is any health issue or injury you had before an accident, and it can range from something minor to a more serious medical concern. These conditions can impact your compensation, depending on how the accident affects them. For example, back injuries like herniated discs, chronic lower back pain, or sciatica may already cause discomfort, but an accident could make them worse. Joint problems, which often become more common with age, could include arthritis or issues with the knees, wrists, elbows, shoulders, or hips. Neck injuries, such as whiplash or cervical spine damage, could also be considered pre-existing conditions. If you’ve had previous surgeries, whether for a joint replacement, hip, shoulder, or back procedure, the underlying condition that led to the surgery might come into play. Chronic conditions that affect mobility or cause pain, like fibromyalgia or nerve damage, may also be relevant. Even though these issues existed before the accident, their worsening due to the incident can still factor into your claim.

How Pre-Existing Conditions Can Impact Your Motorcycle Accident Case

Pre-existing conditions can affect your motorcycle accident case in two ways: liability and damages.

Liability

Liability refers to who is responsible for the accident. In some cases, your pre-existing condition may be a contributing factor to the accident. For example, if you had a vision problem and did not see the other vehicle, the insurance company may argue that your vision issue caused the accident rather than the other driver’s negligence.

Damages

Damages refer to the compensation you receive for injuries and losses. Insurance companies may argue that your pre-existing condition caused your injuries rather than the accident. As a result, the insurance company may offer a lower settlement, arguing that your pre-existing condition contributed to your injuries.

If the case goes to trial, a pre-existing condition can reduce the damages you are awarded by a jury for the same reason. That is, the jury might decide that your pre-existing condition caused some of your injuries, that the accident had nothing to do with them, and thus that the defendant is not responsible for them.

How to Prove That An Accident, Not a Pre-Existing Condition, Worsened Your Injuries

Having a pre-existing condition does not mean you’re not entitled to compensation. In fact, you can seek compensation if your pre-existing condition was made worse by the accident. To do that, you need to prove that the accident did in fact exacerbate the condition or injury, or that it led to additional harm. Elements of proof in a personal injury case include:

Negligence

The first thing you need to show is that the defendant was negligent or reckless in some way. This could include any number of things, such as driving too fast for the conditions, failing to signal a turn, running a red light, etc.

Causation

Secondly, you need to prove that the defendant’s negligence actually caused the accident, which in turn caused your pre-existing condition to worsen and/or caused additional injuries. In other words, the accident resulting from the defendant’s negligence must have directly led to increased pain, reduced mobility, the need for medical treatment, and/or other harm.

Medical records are very important for showing causation, which is one reason it is important to seek medical treatment immediately after the injury and document all of your symptoms, treatments, and medical expenses. Compare these medical records to those from before the accident to help show that your condition got worse.

Whether the case settles or goes to trial, you might need a doctor or other medical expert to testify regarding your health before and after the accident. They can use their knowledge and expertise to argue that the accident made a pre-existing condition worse or led to additional injuries.

The ‘Eggshell Plaintiff’ Rule

The “eggshell plaintiff” rule protects accident victims with pre-existing conditions or injuries. Essentially, an eggshell plaintiff is someone who is more likely to suffer greater injuries in an accident due to having one or more pre-existing conditions and/or having been in one or more previous accidents. 

Under the eggshell plaintiff rule, the party who is at fault cannot point to the plaintiff/victim’s “fragile” condition as an excuse to reduce the damages they are owed. Rather, the defendant must compensate the plaintiff for whatever damages the plaintiff suffered as a result of the defendant’s negligence, even if this particular plaintiff was more injury prone than others, and thus their injuries were worse than expected.

For example, say that someone with osteogenesis imperfecta (brittle bone disease) gets into a car accident that is not their fault and breaks several bones that otherwise might not have broken. The at-fault party is still responsible for the plaintiff’s injuries, even if they were greater than expected given the severity of the accident.

What Damages You Can Recover in a Settlement?

Recoverable damages in a motorcycle injury claim are the same whether or not you have a pre-existing condition. They include:

Medical Expenses

If the accident worsened a pre-existing condition and resulted in medical expenses such as doctor visits, surgery, prescription drugs, long-term care, etc., you should be entitled to compensation for these costs.

Lost Wages

Before the accident, you may have still been able to work despite the pre-existing condition. If the accident makes it worse and forces you to stop working, you can be compensated for short- and potentially long-term lost wages.

Pain and Suffering

Most pre-existing conditions that are aggravated in an accident cause additional pain and suffering, which is compensable.

Reduced Quality of Life

Likewise, your overall quality of life was probably reduced due to the aggravation of the pre-existing condition.

Permanent Disability

If the accident caused you to become permanently disabled in a way that you were not before, this also will have a long-term impact on your life.

Steps You Can Take to Protect Your Rights

If you have a pre-existing condition and have been involved in a motorcycle accident, there are steps you can take to protect your rights and ensure that you receive fair compensation.

Disclose Your Pre-Existing Conditions

It is essential to be upfront and honest about any pre-existing conditions you have. Failing to disclose your pre-existing conditions can harm your case and lead to a lower settlement offer. Your attorney can help you disclose your conditions in a way that highlights the injuries you sustained in the accident and how they are separate from your pre-existing condition.

Seek Medical Treatment

If you have a pre-existing condition, it is crucial to seek medical treatment as soon as possible after the accident. Failure to get immediate medical treatment in any accident can impact your insurance claim.

A medical professional can assess your injuries and provide a medical opinion that links your injuries to the accident and not your pre-existing condition. Your doctor can also show whether or not your pre-existing condition was worsened by the accident. If so, you can seek compensation for those damages as well.

Do Not Downplay or Hide Your Symptoms

It is crucial that you thoroughly and accurately report and document all of your symptoms after the accident, including any pre-existing condition that gets worse. If you downplay or hide pain, suffering, or injuries, it will be much harder to prove later that the accident caused them.

Do Not Settle With the Insurance Company Without a Lawyer

The defendant’s insurance company has one goal: to minimize the amount of money they pay out for the accident. They do not have your best interests at heart. 

As a result, they are likely to initially offer you a lowball settlement. Do not take the bait; note the offer and speak to your attorney before making any verbal or written commitments of any sort. 

Consult With an Experienced Motorcycle Accident Attorney

An experienced motorcycle accident attorney can help protect your rights and ensure that you receive fair compensation. They can negotiate with insurance companies on your behalf, handle paperwork, and represent you in court if necessary.

A motorcycle accident lawyer is essential to any personal injury claim. However, it’s especially important that you work with an attorney if you have a pre-existing condition. They will do whatever it takes to prove liability and how the defendant’s actions caused your damages so you can get the compensation you deserve.

Contact Miley Legal Today

If you have a pre-existing condition and have been involved in a motorcycle accident, you need to understand how pre-existing conditions can impact your case. Insurance companies may try to argue that your pre-existing condition was the cause of your injuries, therefore denying your claim.

The personal injury attorneys at Miley Legal will not allow that to happen. We will do everything it takes to prove that your pre-existing conditions were worsened or that you sustained different injuries from your motorcycle accident. Our team of experienced attorneys will fight for your rights and ensure you’re fully compensated for your damages.

Don’t wait to get the help you need. Contact us today to schedule a free case review.