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What if my pre-existing condition made my personal injury worse?

On Behalf of | Sep 28, 2021 | Personal Injury

Everyone knows that, if someone is negligent and you suffer an injury as a result, you have the right to bring a lawsuit against the responsible party to recover the costs of your medical bills and other damages. But what if you had a pre-existing condition that made your injury way worse than it otherwise would have been? Can you recover the full cost of your increased injury, or only what the average person would be able to recover in your position?

How pre-existing conditions affect personal injury claims

There is a legal doctrine, known as the “eggshell skull” rule, that deals with pre-existing conditions and their effect on personal injury claims. Although the Connecticut legislature hasn’t passed a law codifying this principle, Connecticut courts will still take it into account in most cases when deciding a personal injury claim.

The eggshell skull rule says that, if a person is responsible for injuring someone else, they should be held liable for the full extent of the injury, even if the victim had a condition that made the injury way worse than was initially foreseeable.

The doctrine gets its name from a certain medical condition that makes a person’s skull extremely fragile, like an eggshell. If someone were to strike a person with an eggshell skull, and that person were to suffer a severe brain injury as a result, the attacker would be liable for that brain injury, even if they did not know about their victim’s condition.

How this applies to you

If you suffered an injury due to someone else’s negligence or willful misconduct, then you have the right to seek compensation for the full extent of your injuries – even if you have a condition that made those injuries more severe.

In order to win this lawsuit, your attorney would have to show that the person acted negligently or unlawfully, that you suffered an injury, and that your injury was the result of that person’s behavior. If you win the suit, then the court will take into account the full extent of your damages when deciding how much you should be able to recover.

The law exists to provide protection for everyone, regardless of their health or medical condition. Even if you suffer from a pre-existing condition, it’s only fair that the responsible party pay you what you need in order to get you back on your feet after your injury.