You may be eligible to claim compensation; if you have been injured because of an accident that was caused by a failure on a party that owed you a duty of care to keep you as safe as could be practically expected. But is it possible to claim compensation for a pre-existing condition that has become worse because of the accident? The answer to this question and many more relating to personal injury claims and pre-existing conditions can be found throughout this guide.
When can you claim personal injury compensation with a pre-existing condition?
- If your pre-existing condition was made worse by your accident.
- Or if your pre-existing condition or pre-existing illness was accelerated due to the accident.
Claiming compensation with pre-existing conditions guide
Advice.co.uk can help you. We can offer you free legal advice about claiming compensation. What’s more, if after assessing your case and any evidence you have provided our advisors can see your case is valid they can connect you with a personal injury solicitor from our panel. To begin your claim, call us on 0161 696 9685. Alternatively, use our contact form to enquire about claiming compensation online.
Select A Section
- A Guide On Claiming Compensation With Pre-Existing Conditions
- Calculate Compensation With A Pre-Existing Condition
- Types Of Damages
- What Is A Claim With Pre-Existing Conditions?
- The Thin Skull And Eggshell Rule
- What Pre-Existing Conditions Could Be Made Worse?
- Can You Claim If You Only Had A Pre-Existing Condition Made Worse?
- Proving The Accident Aggravated A Pre-Existing Condition
- Proving Someone Else Caused Your Injury
- No Win No Fee Claims For Aggravated Pre-Existing Conditions
- Get In Contact With Us
- Related Guides
- FAQs On Claiming With A Pre-Existing Condition
A Guide On Claiming Compensation With Pre-Existing Conditions
In the UK, various parties owe one another a duty of care. This means that they are responsible for the health and safety of another party. For example, drivers owe a duty of care to all road users. This means that they must drive in a manner that protects the safety of others on the road as well as themselves. Similarly, businesses owe a duty of care towards customers, employees and others who use their premises or their services. This means that their premises must be a safe and hygienic environment for those who use them.
To claim personal injury compensation, the injured party or their lawyer will need to provide evidence to prove the following:
- Firstly that the defendant owed the claimant a duty of care.
- Secondly, the defendant breached their duty of care by acting negligently, and therefore, this negligence caused an accident.
- And finally that the accident directly caused the patient to become injured or ill.
Can you claim for personal injuries with a pre-existing condition? If the claimant has a pre-existing illness, a pre-existing injury or a pre-existing medical condition, they could still claim compensation. The claimant will need to prove how much of their condition was worsened by the accident. On the other hand, if the condition was not made worse but a totally new injury was caused by the accident then this also can be claimed for. In some cases, both a new injury is caused alongside a pre-existing injury worsening,
How Can Advice.co.uk Help You?
As you can imagine, pre-existing injury claims can be complicated. So Advice.co.uk offers claimants a telephone consultation. A claims advisor can assess your claim in-depth and offer you free legal advice. Moreover, we can assign a personal injury solicitor to handle your claim if we can see that you are owed compensation.
To begin your personal injury claim with a pre-existing condition, call Advice.co.uk today. Or use our online accident claim form to get started.
Calculate Compensation With A Pre-Existing Condition
How much compensation can you receive for your injuries? You can use the table below to calculate how much compensation you could be owed. The compensation amounts in this table are based on guidelines and information from the Judicial College. The table includes general damages, which includes brackets of figures related to injury and their severity. This is compensation for the pain, suffering and loss of amenity caused by your injuries. But the table does not include special damages compensation amounts.
| Injury | Severity | Settlement | About The Injury |
|---|---|---|---|
| Neck Injury | Minor | £2,300 to £4,080 | Where the person is expected to make a recovery in three - twelve months. This will also apply to short-term acceleration and/or exacerbation injuries. |
| Back Injury | Moderate (i) | £11,730 to £26,050 | Soft tissue injury that leads to a prolonged acceleration and/or exacerbation of a pre-existing back condition. |
| Back Injury | Minor (i) | £7,410 to £11,730 | Acceleration of back injuries, between two to five years. |
| Back Injury | Minor (ii) | £2,300 to £7,410 | Acceleration/ exacerbation of injuries, for less than two years. |
| Knee Injury | Moderate (i) | £13,920 to £24,580 | Accelerate symptoms from a pre-existing condition and injuries of dislocation and torn cartilage. |
| Knee Injury | Moderate (ii) | Up to £12,900 | Less severe injuries, involving lesser periods of acceleration, and also twisting, lacerations, or bruising knee injuries. |
| Pain Disorders | Pain Disorders (ii) | £19,770 to £36,120 | Acceleration of pain disorder such as fibromyalgia. |
Of course, the outcome of every compensation claim is different. Therefore we recommend you call Advice.co.uk’s claims helpline, so we can assess your case and advise you on how much compensation you could claim.
Types Of Damages
Depending on your individual circumstances, there may be out of pocket expenses associated with your injuries. For example, you may wish to see a private physiotherapist for treatment if you have suffered a whiplash injury. Therefore, you could claim special damages, if your case is successful, these will reimburse you for any costs associated with your injuries.
Here are some examples of special damages you can claim:
- Medical expenses, including the cost of medication, physiotherapy or an operation
- Care expenses
- Travel expenses
- Reimbursement for loss of income.
These special damages can include compensation payouts to pay for any home adaptations, car adaptation or mobility equipment needed if you have become disabled as a result of your injuries or your injuries exacerbated a pre-existing disability.
What Is A Claim With Pre-Existing Conditions?
To make any valid personal injury claim it must be proven that the injury you have suffered or the worsening of a medical condition was made worse due to a breach in the duty of care that was owed to you.
The injured person may be eligible to claim compensation for the acceleration of pre-existing condition. This means that the person had a medical condition that worsens over time. And the accident brings the harmful effects of the condition forward. What’s more, claims can be made for the exacerbation of a pre-existing medical condition. This means that injuries caused by an accident worsened a pre-existing condition.
In the same vein, an individual with pre-existing injuries or a pre-existing illness can claim compensation for new injuries caused by an accident. For cases like this, you will need to prove that your injuries were caused by the accident and not your pre-existing medical condition.
In order to prove an injury was caused by an accident or a medical condition was worsened due to an accident an independent medical examination will be carried out. During your personal injury claim, you will see a doctor. They will assess your injuries and deliver a prognosis. The findings will go into a report which may be used combined with the JC guideline to come to a figure for any suffering caused.
The Thin Skull And Eggshell Rule
The ”thin skull rule”, or ”eggshell rule”, applies when a pre-existing injury claim is made. This principle that defendants should “take their victim as they find them”. For example, the thin skull rule applies if an accident occurs, where the victim would normally suffer minor injuries. However, because of a pre-existing injury or condition, the victim suffers from serious injuries.
This principle means the defence cannot argue that the person with a pre-existing condition would have not suffered in the same way as the claimant without the pre-existing condition. In a tort case, the fragility of the claimant cannot be taken into account. It is not a defence for how severe the claimant has suffered.
What Pre-Existing Conditions Could Be Made Worse?
Sadly, these pre-existing injuries can get worse after an accident or another type of serious accident.
- Head injuries: Unfortunately, there is a serious risk of a traumatic brain injury getting worse in an accident that affects the head.
- Broken Bones: Broken bones can rebreak or refracture in a serious accident. Subsequently, the injuries could be worse the second time.
- Soft tissue injuries: Strains and sprains can be made worse if you are involved in an accident before they have fully healed.
- Mental health conditions: If a person with a mental health condition experiences an accident, the psychological trauma caused may worsen their condition.
- Back injuries: Conditions such as disc lesions, fractures and dislocations can all be made worse if they are caused further trauma before they have time to heal. Back issues that are degenerative or chronic can worsen if the back is involved in an accident. Sadly, a serious accident can accelerate these back injuries or neck injuries to a more painful, less manageable state.
To start a claim for a serious accident or car accident settlement with a pre-existing condition, contact Advice.co.uk.
Can You Claim If You Only Had A Pre-Existing Condition Made Worse?
Exacerbation is when a pre-existing medical condition is made worse. You might be eligible to claim compensation if another party caused your injuries by acting negligently. Can you only claim compensation if you have new injuries? No. If you have a pre-existing injury, illness or chronic condition that was worsened by accident, you may be able to claim compensation. For example, you had a traumatic brain injury, and your pre-existing injury worsened after a car accident.
Unfortunately, acceleration of pre-existing condition can take place after an accident. This means that the harmful effects of a condition that worsens over time can be brought forward. For example, a whiplash injury can accelerate some spinal conditions.
As you can imagine, claiming personal injuries with a pre-existing condition can be a complicated process. Therefore we can offer you free legal advice about making your claim. To begin your personal injury claim, contact Advice.co.uk. We will speak to you in-depth about your accident. Moreover, if our advisors can see your case is valid and you are eligible to claim compensation they can appoint a personal injury solicitor from our panel,
Proving The Accident Aggravated A Pre-Existing Condition
It can be difficult to prove that a medical condition has been accelerated or exacerbated by an accident. Therefore, we recommend you visit the doctor immediately after an accident. Not only to receive any treatment you may need but to record your injuries in your medical records. Of course, some injuries can worsen over time. So please contact your doctor if you feel unwell or experience pain in the time following your accident.
As part of any personal injury claim, you will be invited for a medical assessment with a qualified physician. The medical report will determine the cause of your injuries and what effect they will have on your ongoing quality of life. This will be used as evidence to support your aggravated injury settlement in the UK.
Please remember, don’t feel embarrassed to come forward and seek free legal advice about claiming compensation for an injury if you have a pre-existing condition. Some people feel uncomfortable talking about a disability or chronic condition they have. However, we will deal with your claim professionally and sensitively.
Proving Someone Else Caused Your Injury
You may be owed compensation if your pre-existing condition was made worse, or you suffered a new injury in addition to your pre-existing one if you can prove that your suffering was caused due to a third party neglecting the duty of care they owe you. To make a successful claim, you will need to provide evidence. Evidence is key in proving a third party liable for paying you compensation for any suffering caused by your injuries.
When an accident happens, you can collect evidence to support your claim by doing the following:
- Go to a doctor or hospital right away for medical treatment. Not only will you get the treatment you need but your medical records can be used as evidence if a doctor has diagnosed your injuries.
- Photograph the hazard that caused your accident, such as a trip hazard.
- And take photographs of your injuries, if they are visible.
- Take the names and contact details of anyone who saw the accident take place. They may be able to make a statement to support your claim.
- Report the accident to the management of the premises (where applies). Make sure they record it accurately in the accident report book.
- Keep the receipts of any purchases you make relating to your injuries, which can be used as evidence.
No Win No Fee Claims For Aggravated Pre-Existing Conditions
You may have heard the term No Win No Fee agreement. This means that your lawyer will work on your claim without charging you an upfront legal fee. Instead, if you win your claim, a success fee will be deducted from your compensation payout. You will not be charged a success fee in the unlikely event that your claim is not successful. Therefore the financial risk is much lower.
For many people, a No Win No Fee agreement is also the more affordable way to fund their solicitor. This is because there is no upfront legal fee to pay your solicitor to begin your claim. And what’s more, if you do win your claim, most of your compensation payout will go to you.
For free legal advice about making a No Win No Fee personal injury claim, read our online guide. Or, to see if you could fund your solicitor with a No Win No Fee agreement, contact Advice.co.uk today.
Get In Contact With Us
To have your case assessed for free call our claims team today. You can ask as many questions as you need and have any evidence reviewed in a no-obligation chat. If our advisors can see that you have a valid claim for personal injury they can connect you to our panel of specialist solicitors. If your claim is taken on it will be managed on a No Win No Fee basis.
To begin your claim, contact Advice.co.uk using the details below:
- Call us on 0161 696 9685
- Please contact us in writing
- Or ask us a question right now using our Live Support widget.
Related Guides
We hope you have found this guide to claiming compensation with a pre-existing condition helpful. Please feel free to read the guides below for advice about claiming compensation for injuries.
How Do You Prove You Have Whiplash?
Case Study: £52,000 Payout For A Back Injury Caused By A Car Accident
Advice On Mud On The Road Car Accident
External Information
FAQs On Claiming With A Pre-Existing Condition
We will now answer some frequently asked questions about making a personal injury claim with a pre-existing medical condition.
Should you be liable for injuries caused by pre-existing medical conditions?
If you have a pre-existing injury or condition, it does not mean that you can’t claim compensation. To make a claim, you must prove that the accident was firstly not your fault. And secondly that the accident caused new injuries or worsened existing ones.
Can I sue for a pre-existing condition?
If you are injured because of an accident caused by a third party that had a duty to keep you safe you may be eligible to make a personal injury claim for compensation. If you have a pre-existing medical condition, you will need to be able to prove how much that condition was made worse by the accident.
Can a car accident aggravate a pre-existing condition?
Car accidents can worsen a pre-existing medical condition. For example, if you suffer from whiplash injuries, this can worsen osteoporosis, arthritis and osteoarthritis.
Thank you for reading our guide to making a compensation claim with a pre-existing condition.
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Published by AL.