Justice for Aggravated Pre-Existing Conditions Like Asymptomatic Degenerative Disc Disease

The current conversation over health care reform includes whether someone who has a “pre-existing condition” ought to be barred from acquiring health insurance. In the context of personal injuries, certain states (including Illinois) approach “aggravations” of a pre-existing condition like asymptomatic degenerative disc disease the same way as a fresh injury. That’s why it’s crucial to talk to a top-rated personal injury lawyer to review your case.

damages for pre existing conditions - back injury

Damages for a Pre-Existing Condition

Those of you with pre-existing conditions might question if a degenerative disc disease that’s hardcover with insurance is also going to be difficult to secure a personal injury claim. This typically happens to people who are seriously injured in an accident like a car accident.

A qualified personal injury attorney can help seriously injured people with asymptomatic degenerative disc disease receive proper and just compensation. To talk to a leading personal injury attorney at Franks Gerkin Mckenna, reach us at (815) 923-2107 to schedule a consultation.

How are Pre-Existing Conditions Defined Under Law?

The Health Insurance Portability and Accountability Act (HIPPA) specifies pre-existing conditions as “a medical condition an individual has prior to enrolling with an insurance program.” A boundless number of pre-existing ailments other than degenerative disc disease could be agitated from a traumatic or severe injury like fibromyalgia (or chronic pain), arthritis, diabetes, pregnancy, obesity and/or depression.

Eggshell Rule in Illinois

Someone who has a pre-existing ailment that’s aggravated from a serious personal injury can still obtain full compensation through what’s named the “eggshell skull rule” or “thin skull” rule in Illinois law.

The thin skull plaintiff rule maintains that someone who injures another needs to handle the victim in the condition he/she finds him. A person who’s negligent is liable for any inflicted injuries — whether the injury was already in existence or not.

Illinois Pattern Jury Instruction 30.21 states that the jury cannot limit or deny the plaintiff’s claim of damages caused from this accident including any injury that occurred because of a pre-existing condition that was aggravated or a condition rendering the plaintiff more at-risk of injury.

Let’s say a victim has arthritis that’s minor and it becomes more severe because of a car accident. The jury is going to be told that the person who caused the accident is accountable for any damages, regardless of the presence of a pre-existing malady.

Get the Legal Support You Deserve

If you or someone you know has been severely injured from an accident resulting in someone’s recklessness or negligence, get in touch with a quality personal injury attorney in Chicago at Franks Gerkin Mckenna and schedule a consultation at (815) 923-2107.