The short answer is “No.” But the better answer is “It’s complicated.”
Suppose you have a pre-existing condition or injury that predates your involvement in a car accident or work injury. In that case, there are factors to consider when navigating your rights and potential claims for compensation.
1. A Pre-Existing Condition Does Not Disqualify You from Compensation
You are still entitled to seek damages in a car accident or benefits in a workers’ compensation case for the harm caused by your accident. Your claim will focus on the extent to which the accident aggravated or worsened your pre-existing condition. Hiring a lawyer to help navigate this aspect of your case will ensure you are fully compensated.
2. "Eggshell Plaintiff" Rule
In Delaware, the law makes clear that a person causing an accident "takes the victim as you find them.” Meaning that even if your pre-existing condition made you more vulnerable to injury you can still seek compensation for the full extent of the damage, even if it would not have been as severe if you had no prior condition.
3. Proving Causation
One of the key challenges with a pre-existing condition is proving that the car accident directly caused or worsened your injury. Insurance companies or the opposing party might argue that your injuries were simply a result of your pre-existing condition, rather than the accident itself. Hiring a lawyer ensures you strengthen your case by having the correct medical experts involved and keeping track of your symptoms, treatments, and changes to your condition after the accident.
In cases involving pre-existing conditions, insurers might offer a settlement that is lower than what you might receive if you didn’t have an existing condition. However, this doesn't mean you have to accept a low offer. Hiring a lawyer will help you demonstrate that the car accident aggravated or worsened your condition, such that you are still entitled to a fair settlement.
At Kimmel Carter, our team of experienced attorneys is dedicated to guiding you through the Delaware Personal Injury process. If you or a loved one is a first responder in need of assistance with a workers’ compensation claim, don’t hesitate to call us for a free legal consultation at (302) 565-6100.
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