Can I Be Compensated for Pre-Existing Conditions After a Car Accident?

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Navigating the aftermath of a car accident in Chicago, Illinois, can be incredibly challenging. It can be even more difficult when pre-existing conditions complicate your injury claims. If you have been in a car accident with a pre-existing injury, you may wonder, “Can I be compensated for pre-existing conditions after a car accident?”

Car accident victims naturally worry that their prior health issues may limit their ability to secure fair compensation. Fortunately, the Chicago car accident lawyers at Attorneys of Chicago Personal Injury Lawyers can help you pursue the compensation you deserve, even with a pre-existing condition.

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How Attorneys of Chicago Personal Injury Lawyers Can Help You Recover Compensation After a Car Accident

Our Chicago personal injury lawyers specialize in car accident cases. With over 30 years of combined experience, our team has helped victims recover tens of millions of dollars in rightful compensation, even with pre-existing injuries.

Our award-winning legal team can help with the following:

Evaluating Your Case: We can professionally evaluate your case to understand how your pre-existing conditions may impact your injuries and compensation.
Gathering Evidence: We can compile medical records, accident reports, and expert testimonies to build a robust case.
Hiring Expert Witnesses: We can hire expert witnesses to testify about how your pre-existing conditions were impacted by your car accident.
Negotiating with Insurance Companies: We can navigate the tactics used by insurance companies to minimize compensation so your rights are protected.
Representing You in Court: We can represent you in court and present evidence to show how your accident exacerbated your pre-existing conditions.

If you or a loved one has been injured in a car accident and have a pre-existing condition, reach out today to schedule a free consultation. We can help you maximize the value of your claim.

What Are Pre-Existing Conditions?

Pre-existing conditions are any medical issues or injuries that existed before your car accident. These can range from chronic illnesses, previous injuries from other accidents, degenerative diseases, or other conditions that affect your physical well-being.

If you have pre-existing conditions and are involved in a car accident in Chicago, you should understand that they are not a bar to compensation. This is important, given the over 100,000 accidents that occurred in 2023.

How Do My Pre-Existing Conditions Affect My Ability To Get Compensation After a Chicago Car Accident?

A pre-existing condition will not bar you from seeking compensation after an account. This is because Illinois law adheres to the “eggshell skull rule,” which means the party responsible for your car accident is also responsible for your injuries worsened by the accident. This is true even if they could not have foreseen it.

Car accident cases involving pre-existing conditions can be more complicated. You will need to prove that your collision directly exacerbated your pre-existing condition. This requires a detailed examination of your medical records before and after the accident and expert testimony to establish causation.

An experienced Chicago car accident lawyer can help you navigate these complexities and ensure you show how the accident impacted your health.

What if I’m Partly Responsible for My Chicago Car Accident?

Illinois follows a modified comparative negligence system with a 51% bar to recovery. This means you can still recover compensation for a worsened pre-existing condition even if you are partially at fault for it, so long as you are less than 51 percent at fault.

However, the compensation you are awarded will be reduced by the percentage of fault attributed to you. For example, if you are found to be 30 percent responsible for the accident and your total damages are $100,000, you would be eligible to receive 70 percent, or $70,000.

What Pre-Existing Conditions May Be Worsened by a Chicago Car Accident?

Virtually any pre-existing condition can be aggravated by the trauma of a car accident. A trusted attorney can help you recover compensation for worsened pre-existing conditions after minor or severe accidents. Common types of injuries that may be worsened include:

Neck and back injuries
Joint disorders
Brain injuries
Knee injuries
Shoulder injuries
Cardiovascular issues
Respiratory conditions
Diabetes
Chronic pain conditions
Psychological conditions
Previous surgeries

Understanding the ways a car accident can affect pre-existing conditions is important for your case. Each of these conditions can introduce challenges to your recovery and legal case.

Schedule a Free Consultation With an Experienced Chicago Car Accident Lawyer Today

Understanding your legal rights after a car accident in Chicago is important, especially when pre-existing conditions are involved. Attorneys of Chicago Personal Injury Lawyers can provide the experience and support you need to recover.

Schedule a free consultation today to evaluate your case and learn how to pursue compensation for worsened pre-existing conditions. Our Chicago car accident attorneys are standing by to assist.

Our legal team handles all types of car accidents, including: