Many people who suffer an injury due to an accident were not in perfect health to begin with. Indeed, we often have personal injury and workers’ compensation clients who were dealing with preexisting medical conditions when their accident occurred. And one of the first questions we usually get from such clients is, essentially, “Will my preexisting condition prevent me from collecting compensation?”
Seeking Compensation for Your “Aggravated” Condition
In most cases, the answer to this question is “no.” The mere fact that someone has a preexisting medical condition does not bar them from seeking compensation through a personal injury or workers’ compensation claim under Illinois law. But it can present certain complications.
The basic rule in Illinois is that if an accident aggravates a preexisting condition, you can seek compensation for that additional damage. For example, if you have chronic back pain that is worsened by a subsequent car accident, you could seek damages from the negligent driver for the aggravation of that injury. Similarly, if you get hurt in a work-related accident, you can seek workers’ compensation benefits if that accident aggravated your existing injury.
On the flip side, a personal injury defendant or employer may cite your preexisting condition as proof they should not be held financially responsible for your subsequent injury. In other words, the negligent driver can say your car accident had nothing to do with your ongoing back pain. Or your employer can say that your preexisting back pain is worse due to the “natural progression” of your condition and unrelated to your job.
That is why you must be prepared to build a strong case when it comes to seeking personal injury damages or workers’ compensation benefits with a preexisting condition. Here are a few things to keep in mind:
- Document Everything — It is critical to carefully document all medical treatments that you receive following your accident. In particular, you should track any details that illustrate how your preexisting condition has worsened since your accident. For example, if you require additional therapy or medication, make sure to note that.
- Honesty is the Best Policy — It is equally important to be open and honest about your medical history. Many people instinctively try to hide or minimize their conditions. But that will only work against you in a legal context. A jury or a workers’ compensation arbitrator will often base their decision on your perceived honesty and credibility. So be upfront about your preexisting condition, but also do not hesitate to explain how that condition worsened following your accident.
- Get a Lawyer — Employers, defense attorneys, and insurance companies are more likely to push back against a claimant who has a preexisting condition, even when the medical evidence still supports their case. Your best response in these situations is to work with an experienced Rockford personal injury and workers’ compensation attorney who can fight back on your behalf.
Contact a Rockford Personal Injury Lawyer Today
A preexisting condition should not stop you from seeking the compensation you deserve under the law. Our Rockford personal injury attorneys are here to help. Contact Tuite Law today at (815) 965-5777 to schedule a free consultation.
