When you’ve been involved in an accident, the impact on your health isn’t always limited to new injuries. In some cases, an accident may aggravate or worsen a pre-existing medical condition.
While you can't claim compensation for the original condition, you can still make a claim if the accident causes the condition to deteriorate.
Claiming for aggravated injuries
If you have a pre-existing condition and an accident worsens it, you can make a claim for the additional harm caused by the accident. In other words, you’re entitled to compensation for how much worse the accident made your condition.
For example, if you already suffer from a degenerative knee condition and a cycling accident exacerbates the condition, you can claim for any increased pain, restricted mobility, or any accelerated deterioration that resulted from the crash.
The "eggshell skull" principle
Personal injury law follows a principle called the "eggshell skull" rule, which means that the defendant (the party responsible for the accident) must take the claimant (you) as they find them. This rule applies even if the injuries or complications are worse than what would be expected in a person without pre-existing conditions.
To elaborate, imagine a person with a very fragile skull who appears normal. If they’re hit in the head and suffer more severe injuries than someone else might have, the defendant is still fully liable for the damage, regardless of the claimant’s fragility.
For instance, if a cyclist has a pre-existing heart condition and is involved in an accident due to a negligently repaired bike, they might suffer both a minor injury and a heart attack. The defendant, in this case, could be held responsible for both the minor physical injury and the more severe heart attack, even though the heart issue was pre-existing.
This principle ensures that anyone responsible for causing harm cannot escape liability simply because the claimant had an underlying health condition.
The importance of expert medical evidence when making a claim
When making a compensation claim involving a pre-existing condition, medical evidence plays a critical role. Determining how much the accident aggravated your condition will require an independent medical expert to assess whether the accident worsened your existing condition and by how much.
In the above example of a degenerative knee condition, a medical expert would assess how your accident worsened the condition. They might conclude the accident brought forward the point at which you can no longer walk five years early - helping to calculate your compensation award.
Seeking medical advice as soon as you can after an accident will strengthen the link between the accident and your worsened condition.
Accelerated onset of medical conditions
An accident can also speed up the onset of a medical condition that you might have otherwise developed later in life. For example, a cycling accident could accelerate the onset of arthritis, causing symptoms that you wouldn’t have experienced for several years.
In these cases, compensation is calculated based on loss of amenity, which refers to the impact on your quality of life. The claim would cover the period between the premature onset of the condition and the time it would have developed naturally.
Because assessing the acceleration of a condition is often complex, expert medical reports are essential to establish a clear timeline and the extent to which the accident contributed to the early development of the condition.
Why seeking legal and medical help early is crucial
If a cycling accident worsens a pre-existing condition, acting quickly is key to building a strong claim. Delaying makes it harder to prove the link (causation) between the accident and the worsening of your condition.
By seeking legal and medical help early, you ensure that the right medical assessments are carried out, providing essential evidence to support your claim.
At the start of your claim, your personal injury solicitor will connect you with a medical expert who specialises in aggravated injuries. This expert’s report will play a vital role in determining the compensation you deserve for the increased pain, suffering, and life impact caused by the accident.
How can we help?
We're dedicated to securing no win, no fee compensation that fully addresses the impact of your injury, covering medical expenses, loss of earnings, and acknowledging the long-term physical and emotional toll of your accident.
Your solicitor will hold negligent parties accountable, drawing on extensive experience in negotiating with insurers to arrange interim payments, access top-quality treatment and support, and maximise your compensation.
Written by Chris Salmon on 28th June 2016