Can You Sue for a Back Injury with Pre-Existing Conditions in Indiana?

It is rare to go through life without suffering some type of injury, with back injuries being some of the most common. The worry for accident victims is that having a pre-existing condition will prevent them from suing for a new accident and injuries.

Fortunately, pre-existing conditions will not prevent you from exercising your legal rights in court for a current back injury. It can, however, make recovering compensation much more difficult. Insurance companies love cases involving pre-existing conditions because it gives them a built-in excuse to deny coverage. Our team can review your medical history and compare it with your recent treatment plan to highlight the changes in severity. The defendant cannot escape paying for the damages they caused just because they did not know you have pre-existing conditions.

Call Wruck Paupore at (219) 322-1166 today for a case review free of charge with our Indiana personal injury attorneys.

How to Recover Compensation for a Back Injury in Indiana Even if You Have Pre-Existing Conditions

If you injured your back in a previous accident or have other pre-existing conditions, you might worry if you can still file a legal claim in Indiana if someone injures your back again. Fortunately, you can file a claim for damages regardless of your pre-existing conditions when the defendant injured you. The challenge will be distinguishing your current damages from your previous ones. Our Indiana personal injury attorneys can help you do this by organizing medical records and gathering testimony from you, your family, and your friends. If you attempt to conceal pre-existing conditions and the insurance company discovers them, it will cast serious suspicion over your claim. The following will help you understand how these cases typically work:

Disclose Your Pre-Existing Conditions

Pre-existing conditions are those medically diagnosed before the current accident occurred. It could be a previous back injury like a slipped spinal disc for which you are receiving chiropractic care or an ongoing condition like osteoporosis. No matter what condition you are contending with, it is important to tell our team at the outset of your claim so that we can develop a comprehensive legal strategy that takes this into account.

The “Eggshell Skull” Rule

In Indiana, the law takes plaintiffs as they are, pre-existing conditions and all. This is the essence of the legal doctrine known as the “eggshell skull” rule. Under this principle, defendants are still liable for damages, even if they are uncommon or unforeseeable. The fact that they did not intend to aggravate a victim’s pre-existing injuries is irrelevant. A person’s frailty and pre-existing conditions cannot be used against them in a claim.

Of course, this rule does not always stop insurance companies from attempting to deny a victim’s rightful compensation. Our team will help ensure that this rule is observed during settlement negotiations.

Show Aggravating Damages

When your pre-existing conditions and current injuries are unrelated, determining what damages were caused in the accident is usually not too much trouble. For instance, if you had an earlier back injury from work but injured your leg in a car accident, your pre-existing back injury should not be an issue unless it worsens as your case progresses because of the crash.

It is when your earlier injuries are aggravated that the challenges arise. You must show the insurance company that your pre-existing condition is more severe than before. Otherwise, they will likely claim it is a “flare-up” and nothing to do with your current injuries. This usually means showing that you need to restart treatment for the prior condition or your ongoing treatment plan adapted to the aggravating circumstances. Perhaps you received chiropractic care once a month but now need it twice a week. You should be compensated for this increase in expenses.

File Before the Deadline

What damages you can recover for any injuries will be a moot question if your claim is not filed before the limitations period ends. The Indiana statute of limitations for civil claims under I.C. § 34-11-2-4 only gives you two years from the date of your most recent accident to file your claim. If you start your case after this window closes, you will be cut off from recovering compensation.

Time is a critical factor in any case, but even more so when pre-existing conditions must be addressed. Not only must we gather and assess the medical records for your new injuries, but we must also get the records relevant to your prior injuries and compare them to your current diagnoses. Once your claim is filed, though, we can take the time we need to develop the distinct damages you need fully.

Negotiate with the Insurance Company

There is little doubt that the insurance company will scrutinize a claim involving pre-existing conditions much more closely. This typically translates to more intense settlement negotiations. The first settlement offer might not cover the losses we are demanding, citing your pre-existing conditions as a pretense to make a lowball offer.

However, you are not obligated to accept a settlement and should not if it does not compensate you adequately. Once a settlement is negotiated and accepted, you cannot go back to sue for the losses associated with your pre-existing injuries.

Our team will use our resources and experience to ensure the best possible chances of a smooth negotiation. This involves gathering all the evidence relating to your past and current injuries, which can be a lengthy process if you have seen several specialists over the years. We will often work with expert witnesses to help explain how your pre-existing conditions have worsened. For instance, a medical expert can offer professional opinions on your back injury before the accident and what it is like now.

Contact Our Personal Injury Lawyers in Indiana Today for Help Recovering Compensation for New Losses and Aggravating Pre-Existing Conditions

Call Wruck Paupore at (219) 322-1166 for a free case review with our Indianapolis personal injury attorneys.