While most personal injury claims concern new injuries, people are a complex mix of past experiences, genetics, and injuries. Therefore, if they are involved in an accident, they may suffer an injury to a part of the body already affected by a previous injury. Just because a person had an injury before does not mean that the defendant is able to escape all liability. However, it usually means that the case will be more complicated and further warrant the help of an experienced personal injury lawyer.
Disclosing Past Injuries
Some personal injury victims are afraid that the insurance company will deny their claim if they reveal a previous injury. However, this tactic can often backfire because the insurance company may be able to obtain your medical records and discover pre-existing injuries. If the insurance company finds an injury you have not disclosed, they may accuse you of withholding information. Therefore, it is usually best to disclose pre-existing injuries that are associated with your new injury.
Honesty is one of the most powerful tools in your case. If the defence can show that you were not truthful about one thing, they can use that to cast doubt over everything you say, including the legitimacy of your current injuries. Disclosing your history upfront and letting your attorney manage it is far better than having it surface as a surprise.
What counts as a pre-existing condition?
Common examples that frequently arise in personal injury cases include:
- Back and neck injuries, including prior disc herniations or sprains
- Degenerative disc disease or spinal degeneration
- Arthritis or joint conditions
- Prior bone fractures or surgical repairs
- Traumatic brain injuries from a previous accident
- Mental health conditions such as anxiety, depression, or PTSD
- Heart disease or cardiovascular conditions
- Osteoporosis or other conditions affecting bone density
Proving a Pre-Existing Injury
If you have a pre-existing injury, you can generally file a claim to pursue compensation for a new injury to the same part of the body if the accident aggravated your previous injury, made your condition worse, or caused new symptoms.
The most important concept here is causation; you must show a clear link between the accident and the worsening of your condition. This is where strong medical evidence becomes the backbone of your entire case.
Your Rock Hill personal injury lawyer can help you prove your pre-existing injury and that the accident made your injury worse. Your lawyer can help gather evidence of the worsening of your condition, such as:
- Medical records – Your lawyer can gather medical records that show how the most recent injury contributed to or exacerbated your pre-existing injury. This is why it is critical to discuss your symptoms thoroughly with your doctor and differentiate your symptoms or the seriousness of your pain after the accident.
- Employment records – Your employment records may indicate that you missed work because of your new injury. If you worked after the initial injury but were unable to return to work in light of the new injury, your lawyer can highlight this significant difference when pursuing fair compensation for your claim.
- Expert witness testimony – Your lawyer may have to call your doctor or another medical expert as a witness to testify about your injury before and after the latest accident.
What Is the “Eggshell” Theory?
The Eggshell Plaintiff Rule, also called the Eggshell Skull Doctrine or Thin Skull Rule, is a well-established legal principle recognized by courts in South Carolina.
Under this rule, a defendant must take a plaintiff exactly as they find them. If a victim’s pre-existing condition makes them more vulnerable to injury, the at-fault party cannot use that vulnerability to escape or reduce liability.
The South Carolina Supreme Court has consistently upheld this doctrine, holding that defendants are responsible for all injuries resulting from their negligent conduct — including full aggravation of pre-existing conditions — regardless of whether that level of harm was foreseeable.
The rule applies more broadly than most people realize. It covers:
- Physical pre-existing conditions — such as prior back injuries, osteoporosis, or degenerative disc disease make a person more susceptible to severe spinal injury in a collision.
- Psychological pre-existing conditions — such as anxiety, depression, or PTSD that are worsened or reactivated by a traumatic accident.
Age-related vulnerabilities — older adults are often more susceptible to serious injury from the same impact that would cause only minor harm to a younger person.
How Stewart Law Offices Can Help
If you were injured in a car accident, slip and fall, or other personal injury incident, a South Carolina personal injury lawyer from Stewart Law Offices can help. We have represented clients for decades, which has given us the skill and resources necessary to fight for your fair compensation. Contact us today to take advantage of a free case review to discuss your legal options.