Can I claim for an existing injury or illness?

If an existing injury or illness is made worse as a result of an accident that wasn’t your fault, you could still be eligible to claim compensation.

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injury made worse

Can I claim compensation if an accident made an existing injury or illness worse?

Many people may already be suffering from a pre-existing condition such as a back injury, an old fracture or a muscle sprain when they are involved in an accident. However, having an existing injury does not mean they cannot pursue a claim if the accident made their injury worse.

As long as the injury or illness was at least partially due to someone else’s negligence, you can still claim compensation for the pain and suffering they have caused you.

While it may not always be easy to prove how your condition was exacerbated by the accident, a specialist solicitor will help you gather everything you need to support your claim.

It is, however, essential to disclose any pre-existing injuries at the outset of the case. If you fail to do this and your pre-existing injury is discovered later, it could jeopardise your claim.

To find out if you are eligible to claim compensation for an injury made worse by an accident, call 0800 470 0474 today or enter your details into our online claim form to request a call back. A legal adviser will answer all your questions with no obligation to proceed.

Find out if you can claim

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    What is a pre-existing injury?

    A pre-existing injury is any medical condition or injury you had before being involved in an accident that made the pre-existing condition worse. There are two ways in which an accident can impact a pre-existing health condition:

    The acceleration of a pre-existing condition

    This refers to a situation where an accident causes a pre-existing condition to get worse sooner than it naturally would have. For example, if you have mild arthritis that would have naturally worsened over the next ten years, but an accident speeds up this process, causing it to become severe in two years instead.

    The exacerbation of a pre-existing condition

    This occurs when a pre-existing condition is aggravated, becoming more severe or symptomatic due to an accident. It does not alter the condition’s natural progression or timeline but makes the current symptoms worse. For example, if you suffer from chronic back pain and the accident has increased the intensity or frequency of your pain.

    If an accident worsened or aggravated a pre-existing health condition or injury you suffer from, it may be possible to claim compensation for the harm caused to you.

    Can I make a compensation claim if an accident made a pre-existing condition worse?

    If you were involved in an accident that made a pre-existing medical condition or injury worse, you may be able to claim compensation. The easiest way to find out if you could claim is through a free consultation with a legal adviser. They will pair you with a solicitor who is right for you if the following are true:

    • Your accident was due to another party’s negligence or mistakes.
    • The other party owed you a duty of care legally.
    • You are within the relevant time limit to claim

    A duty of care will be established based on the relevant legislation, according to the circumstances of your accident. For example, if you had an accident at work, your employer could be liable under the Health and Safety at Work Act 1974. If you were involved in a car accident, the other party may have breached the Road Traffic Act 1988, and so on. Your solicitor will know what laws apply to your case and will help you gather all the evidence you need to secure personal injury compensation.

    What is the eggshell skull rule?

    The eggshell skull rule, also known as the thin skull rule, is a principle of law that applies to personal injury cases where the claimant has a pre-existing condition. The rule states that the defendant is responsible for all the harm caused, even if the damages are unusually high because the claimant was particularly fragile or had a pre-existing injury.

    The term comes from the idea that if a person has a skull as delicate as an eggshell and suffers severe injury or death from a minor impact, the person who caused the accident is fully liable. The rule emphasises that the defendant must ‘take their victim as they find them’ and applies regardless of whether they knew about the pre-existing condition.

    A person’s vulnerability does not reduce the defendant’s responsibility for the harm caused, even if a healthier person would not have been injured as severely. This way, the claimant will be compensated for the actual damage caused to them and not based on what would have happened to a healthier person.

    Do I have to disclose a pre-existing injury if I decide to make a claim?

    If you were involved in an accident and you want to make a personal injury claim, it is essential to disclose any pre-existing conditions you have from the beginning. You must be sincere and upfront with your solicitor about your medical history, as failure to do so could severely damage your claim.

    You should also maintain open and honest communication with them throughout the claims process and inform them of any updates on your medical progress.

    When you start a claim, you are legally obligated to provide honest and accurate information. Failure to disclose a pre-existing injury could be considered fraud and severely damage your credibility. Furthermore, you have no reason to hide your illness or medical condition. Under the eggshell rule mentioned above, the defendant will be liable for the full extent of the damage caused, even if you were more susceptible due to your pre-existing injury.

    What pre-existing conditions could be made worse by an accident?

    Accidents can exacerbate a wide range of pre-existing conditions and injuries, such as:

    • Previous back injuries, herniated discs or spinal injuries;
    • Soft tissue injuries such as whiplash, muscle strains, bursitis or tendonitis;
    • Degenerative conditions like arthritis, osteoporosis or multiple sclerosis;
    • Brain injuries such as concussions, migraines, or neurodegenerative conditions can be made worse by an accident;
    • Previously broken bones can cause a new fracture in the same area to be more severe and have worse long-term effects;
    • Mental health conditions such as post-traumatic stress disorder (PTSD), anxiety or depression;
    • Chronic pain conditions such as fibromyalgia or complex regional pain syndrome (CRPS);
    • Cardiovascular conditions, such as high blood pressure, heart failure, arrhythmias or stroke;
    • Respiratory issues like asthma, COPD, bronchitis or emphysema;
    • Skin conditions such as dermatitis, psoriasis, acne or hives.

    In addition to the above, there are many other conditions that could be worsened by an accident. If another person is responsible for your accident, you are still eligible to claim compensation, regardless of your pre-existing circumstances.

    What accidents could lead to an injury made worse?

    Virtually any accident could make a medical condition worse, including:

    • Road traffic accidents. Even minor collisions can worsen pre-existing conditions, such as back pain, neck injuries, or joint problems.
    • Slips, trips, and falls. A slip or trip can exacerbate old injuries, such as sprains, fractures, or arthritis.
    • Workplace accidents. Previous injuries like back pain can be made worse by accidents such as lifting heavy objects, slipping, or falling at work.
    • Sports accidents. Pre-existing knee, shoulder, or ankle problems may worsen due to collisions, falls, or other sports incidents.
    • Medical negligence. Poor medical care or misdiagnosis can make an existing condition worse or speed up a degenerative illness.
    • Accidents in public. Unsafe conditions, like uneven pavements or broken stairs, can worsen pre-existing injuries, such as hip or spinal problems.
    • Assaults. Physical violence can make pre-existing conditions, such as head trauma, fractures or anxiety, much worse.

    If you were injured in an accident that was caused by someone else, you could still be eligible to claim compensation, regardless of any pre-existing conditions.

    Proving that the accident aggravated a pre-existing condition

    It can be more difficult and complex to prove that a pre-existing condition was made worse by an accident. That’s why it is crucial to visit a doctor as soon as possible after an accident. Swift medical evaluation is essential to get a complete understanding of your symptoms before and after the incident.

    Your solicitor will work closely with you and your healthcare provider and will help you gather reliable evidence of how your condition was worsened by the defendant’s negligence. They will:

    • Obtain records that show the state of your health and the severity of your condition before the accident.
    • Obtain records after the accident to show how your condition has worsened. This could include new symptoms, increased pain, or additional treatments.
    • Arrange a complimentary exam with a medical expert for a report on how the incident has accelerated your condition or increased the severity of your symptoms.

    They will also help you collect all the other necessary evidence to secure compensation, as detailed in the section below.

    Necessary evidence to make a claim for compensation

    Regardless of your accident, you will need various types of evidence to support your claim for personal injury compensation. This could include:

    • Photographs or videos of the accident scene and the hazard that caused it before anything is tampered with;
    • If available, CCTV or dashcam footage of the incident can show precisely what happened;
    • Pictures of any visible injuries, such as bruising, fractures or lacerations;
    • Medical records and expert reports related to the trauma you suffered and how the accident aggravated a pre-existing condition;
    • Statements from witnesses to the incident can help prove liability if the defendant denies it;
    • Your testimony about the incident and how it has affected your life;
    • Accident reports filed with the responsible party, which could be an employer or business owner;
    • A copy of a police report if you were the victim of a criminal act;
    • You also need proof of financial losses and expenses, which could be in the form of receipts, invoices or bank statements.

    Time limits to start a personal injury claim with a pre-existing condition

    According to the Limitation Act 1980, the time limit to start a personal injury claim is generally three years after an accident. If symptoms do not become immediately apparent, the three years could begin to run from the date of knowledge. This refers to when you became aware of the new injury or worsening of your condition and that it was someone else’s fault.

    The Limitation Act does provide a few exceptions to the standard three year rule, such as:

    • Child injury claims can be brought by a suitable adult at any time before their 18th birthday. After that, the injured child will have until turning 21 to start a claim themselves.
    • If the claimant cannot handle a claim for personal injury due to a lack of mental capacity, a litigation friend could represent them at any time. In these cases, the limitation date is suspended and only begins if the injured person regains their mental capacity.
    • If your injury or condition is made worse by a criminal assault, you have two years to claim through the CICA.
    • You have seven years to claim military injury compensation through the AFCS if you had an accident during service.

    How much compensation could I receive for a pre-existing condition made worse?

    The compensation you could receive for an accident that worsened a pre-existing condition will be calculated based on two types of damages:

    • General damages cover the physical and mental suffering caused by the accident. This could include reduced quality of life, reduced life expectancy, loss of enjoyment of life or inability to participate in activities you once enjoyed.
    • Special damages cover any financial losses and expenses related to the accident. This could include medical bills, care costs, lost wages, modifications to your home or travel expenses.

    The compensation awarded to you for general damages will depend on how much pain and suffering the aggravation of your condition has caused you. This will be calculated based on the guidelines from the Judicial College. Here are a few examples:

    • £4,080 to £7,410 for a minor neck injury that worsened a pre-existing condition
    • £78,800 to £192,890 for a severe back injury that exacerbated a pre-existing injury or condition
    • £13,920 to £24,580 for a moderate knee injury that accelerated the symptoms from a previous injury
    • £19,770 to £36,120 for worsening of a pain disorder such as fibromyalgia

    Can I claim compensation on a No Win No Fee basis?

    If you are entitled to claim for a pre-existing medical condition, a personal injury solicitor will offer you a no win no fee agreement. This service allows you access to legal representation regardless of your financial situation, as there are no upfront costs.

    Furthermore, making a claim is risk-free, as you only pay your solicitor if you have a successful claim. In this case, they will receive a pre-agreed percentage of your settlement, capped at 25% of general damages and past financial losses. If you lose, you do not pay them anything.

    Your solicitor may recommend taking out an After the Event (ATE) insurance policy to cover legal expenses if your claim fails. An ATE policy will cover all your costs and disbursements, including the defendant’s, so you will not be left out of pocket.

    To find out if you may be able to claim with a pre-existing condition, call 0800 470 0474 for free legal advice or use our online contact form to request a call back.