A core principle of personal injury law in Indianapolis, IN is that the at-fault party is only liable for the injuries they cause. At the same time, the law also dictates that an at-fault party can’t escape liability simply because the victim is more susceptible to certain injuries than normal. These principles collide when an accident victim has pre-existing conditions.
Drivers asking, “Can I be compensated for pre-existing conditions after a car accident?” should know that other motorists aren’t liable for injuries that occurred before crashes. However, accident victims deserve compensation for new injuries, even if they arise from pre-existing ones.
An Indianapolis car accident lawyer from Rob King & Associates, Trial Lawyers can help you seek full compensation for your injuries. Call us for a free consultation at (317) 916-0000.
How Rob King & Associates, Trial Lawyers, Can Help After A Car Accident In Indianapolis, IN
Attorney Rob King, founder of Rob King & Associates, Trial Lawyers, has over 26 years of legal experience taking on at-fault parties and their insurers for fair compensation. Our firm has successfully recovered tens of millions of dollars for injured clients.
When another person’s negligent or wrongful actions injure you in Indianapolis, Indiana, our Indianapolis car accident lawyers can provide the following client services:
- Discussing your situation and explaining your options for seeking compensation
- Gathering evidence to support your case
- Filing an insurance claim and negotiating with the insurer to resolve it
- Pursuing litigation against at-fault parties when they refuse to settle
The law entitles you to seek financial compensation for any injuries caused by your accident. Contact Rob King & Associates, Trial Lawyers for a free consultation with an Indianapolis personal injury attorney to discuss how we can assist you.
What Is A Pre-Existing Condition?
Pre-existing conditions are medical issues that existed before some other event — in this case, an accident.
This definition may seem simple, but it can be difficult to apply in practice. For example, suppose that you injured your knee in high school but haven’t had any pain since having surgery on it several years ago. If you experience knee pain after a car crash, how do you know if it was due to your pre-existing injury?
One way the law analyzes whether an injury is pre-existing is by looking at causation.
An at-fault party is only liable for injuries that are the natural and logical result of their actions. Thus, a driver who hits you in a pedestrian accident would be liable for your broken femur. It doesn’t matter whether the bone snapped when the car struck you or when you fell to the ground. Either way, the injury would result naturally and logically from the collision.
This is important, as it means the driver’s actions don’t need to be the immediate cause of your injury (also called the “efficient cause”) for you to seek compensation. Instead, they only need to be a significant factor that sets into motion the sequence of events that ended with your injury.
At the same time, this means a driver can’t be held liable for a pre-existing injury because the sequence runs the wrong way — the injury happened before the negligent act.
Thus, a driver who runs into you wouldn’t be responsible for the sprained wrist you suffered two weeks before the collision because the wrist injury wasn’t a consequence of the crash. A driver’s negligent driving can only result in injuries that occurred after the accident they caused.
When Can You Get Compensated For Injuries Related To Pre-Existing Conditions?
Although drivers can’t be liable for pre-existing injuries, they are liable for new injuries. This idea has two important implications.
First, a driver may be liable for re-injuring a previously healed injury.
Imagine that you broke your arm in a slip and fall accident, but it had fully healed when your bicycle was struck by a car, fracturing it again.
It would be illogical for the driver to argue that you can never recover compensation for breaking the same arm because it had a pre-existing injury. In this case, the driver would be liable for the new fracture even if your prior injury made you more susceptible to breaking the same arm.
Lawyers sometimes refer to victims who are vulnerable to injury as “eggshell-skull plaintiffs.” Under this doctrine, at-fault parties are liable for the consequences of their actions, even if the plaintiff’s unique condition or characteristics amplified their effect.
Second, a driver may bear liability for worsening a pre-existing injury.
For example, suppose that you strained your back playing tennis and were later involved in a rear-end collision that ruptured a disc in your spine, producing a herniation. The at-fault driver wouldn’t be liable for any treatment you require for your muscle strain, but they would be on the hook for the treatment for your herniated disc.
Contact Our Indianapolis Car Accident Lawyers For A Free Consultation
While it can be difficult to apply the law to certain situations, you can generally seek compensation for an injury despite having a pre-existing condition. Contact Rob King & Associates, Trial Lawyers to discuss your injuries and how our Indianapolis car accident lawyers can help you pursue financial compensation for their effects.
