Most drivers know that if they are injured in a car accident caused by another party, they have the right to pursue compensation for their injuries. However, if you have a preexisting condition (meaning you were already injured prior to the accident), you may be wondering whether this renders you ineligible for compensation. The good news is that a preexisting condition should not impact your case as long as you disclose this information to your attorney up front.
Under the “Eggshell Skull Rule,” the defendant is liable for any “unforeseeable and uncommon reactions to the defendant's negligent or intentional tort,” including those worsened or exacerbated by the “plaintiff's peculiar characteristics.” In other words, the Eggshell Skull Rule provides that a preexisting condition should not get in the way of obtaining compensation. If a car accident worsened your condition or caused you to suffer a whole new injury, you have the right to take legal action.
Unfortunately, insurance agents are likely to try to weaponize your preexisting condition to wrongfully deny your claim. It is crucial that you contact an attorney who can protect you from such deceptive practices. The sooner you do so, the better. You may think that simply not mentioning your preexisting condition could help you avoid any issues that may arise, but failing to disclose it gives insurance agents the right to deny your claim based on the fact that you withheld information. Like everything in life, honesty is the best policy when it comes to accident claims.
At Karns & Kerrison, we have represented clients with preexisting conditions time and time again. We are equipped to handle every aspect of your accident claim, from building and filing your claim to negotiating with insurance agents, to filing suit if needed. Our attorney team truly cares about helping Rhode Island residents gain financial support and peace of mind after another's negligence upends their lives.
Contact Karns & Kerrison online today for a complimentary consultation. Our distinguished Rhode Island attorneys can also be reached at (888) 281-3100.