In Connecticut, your right to recover compensation after a car accident is not automatically voided by having a pre-existing condition. However, insurers and at-fault parties may attempt to use such conditions to reduce the compensation they owe. Key issues in such cases often include:

• Determining the Extent of the Injury: If an accident worsens a pre-existing condition, the injured party can still pursue a claim for the additional harm caused by the accident.
• The "Eggshell Plaintiff" Doctrine: Connecticut law follows this principle, meaning defendants are held liable for the extent of a plaintiff's injuries, regardless if they are more serious due to a pre-existing condition.
• Burden of Proof: The injured party needs to demonstrate that the accident directly caused a worsening of their condition.

Understanding the "Eggshell Plaintiff" Doctrine in Connecticut

Under the "eggshell plaintiff" rule, a defendant cannot deny liability simply because the plaintiff had pre-existing conditions that made them more vulnerable to injury. This rule ensures that accident victims are not penalized for their existing health issues. However, they can only claim compensation for the aggravation of their condition—not for the original condition itself.

For example, if you have a back injury from a previous accident, and a new car accident worsens it, you may be entitled to compensation for the worsening symptoms. In Connecticut courts, the goal is to separate the damage caused by the recent accident from any prior conditions, but insurers frequently challenge this to avoid paying full damages.

Factors That May Affect Compensation with a Pre-Existing Condition

Several elements come into play when determining compensation for a car accident involving a pre-existing condition:

• Medical Records: Having documented evidence is essential. Comprehensive medical records reflecting your health both before and after the accident can help demonstrate the extent to which the accident worsened your condition.
• Medical Experts: Expert testimony from doctors familiar with your medical history can clarify how the accident affected your pre-existing condition.
• Severity of Aggravation: The more severe the worsening of your condition, the stronger your case. Mild aggravations may yield limited compensation, while significant changes may lead to larger payouts.

Common Pre-Existing Conditions Affected by Car Accidents

Certain medical conditions are more likely to be aggravated in car accidents, including:

• Back and Neck Injuries: Pre-existing back or neck pain can be exacerbated by the force of a collision.
• Arthritis: Joint conditions may worsen with the physical impact of an accident.
• Brain Injuries: If you've experienced prior head trauma, a subsequent injury can worsen cognitive or neurological symptoms.
• Heart Conditions: Although not as common, stress from an accident can impact existing heart conditions.

Proving That the Accident Aggravated Your Condition

Establishing that the accident aggravated your pre-existing condition is essential for obtaining compensation. Courts require clear evidence, and insurance companies often demand rigorous proof.

Steps to Strengthen Your Claim:

1. Gather Comprehensive Medical Documentation
   • Collect records from before and after the accident.
   • Include doctor's notes, test results, and any prescribed treatments.
2. Work Closely with a Medical Expert
   • Consult with a physician who can assess your condition objectively.
   • Request a written report detailing how the accident affected your health.
3. Provide Evidence of Lifestyle Changes
   • Demonstrating how the accident limited your daily activities can strengthen your case.
   • Documentation of missed workdays, inability to perform certain tasks, or needed lifestyle adjustments adds to the claim.
4. Avoid Gaps in Treatment
   • Regular medical care shows you are proactive in managing your condition.
   • Any gaps in treatment may weaken your case, as insurers could argue that the aggravation was not severe.

The Role of Insurance Companies in Pre-Existing Condition Claims

Insurance adjusters are trained to scrutinize claims involving pre-existing conditions. They may argue that your injuries stem primarily from the previous condition rather than the accident, which is why proactive steps are essential. When negotiating with insurance companies, be prepared for common tactics:

• Lowball Offers: Insurers may initially offer low settlements, assuming you won't contest the claim.
• Denial of Aggravation Claims: Adjusters may claim there's insufficient evidence to prove the accident worsened your condition.
• Requesting Extensive Medical Histories: Be cautious about how much information you provide; insurers often use unrelated medical history to reduce their payout.

Legal Strategies for Overcoming Pre-Existing Condition Challenges

Having a pre-existing condition can complicate your case, but Connecticut law still protects your right to fair compensation. Working with a skilled attorney can be invaluable in navigating these complexities. A knowledgeable attorney can help you:

• Gather Evidence: Legal professionals can secure evidence to support your claim, including medical records and expert testimony.
• Negotiate with Insurers: Attorneys are experienced in countering common insurance tactics.
• Provide Legal Representation: If your case goes to court, an attorney will present a compelling argument on your behalf.

Conclusion

In Connecticut, pre-existing conditions don't prevent you from seeking fair compensation after a car accident. Although proving that an accident worsened an existing condition can be challenging, having strong medical evidence and professional legal support can make a substantial difference. 

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating a Personal Injury Claim in Connecticut can be challenging. Fortunately, you don't need to do it alone. The experienced employment lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.