Can a Pre-Existing Medical Condition Prevent You from Winning Your Personal Injury Lawsuit?

Let’s start out this article by making it very clear that the way we’ll be discussing “pre-existing conditions” here is a bit different from what you might ordinarily expect. Since the Affordable Care Act was enacted in 2010, one of its most popular aspects has been that it prevents insurance companies from withholding health coverage or benefits – or for charging higher premiums – for people who have pre-existing medical conditions.

Today we’re going to discuss in some detail the idea of pre-existing medical conditions – but not from the usual standpoint of health insurance. Instead, we’re doing so from a legal perspective, which is somewhat different.

It’s important to first understand that personal injury cases are litigated using a long-standing legal foundation known as “stare decisis” – Latin for the English saying “let the decision stand.” In other words, judges’ decisions made in the past, and jury verdicts which have been issued about prior cases, help establish important legal precedents that current courts use when making decisions about present-day litigation. Pre-existing health conditions have a long history with regard to setting legal precedents, beginning with pivotal court cases decided more than a century ago that are still respected today.

Why is the “Eggshell Skull” Rule Important?

One such historic decision has provided generations of attorneys and judges with a vital legal precedent that’s now known as the “eggshell skull” rule. This precedent-setting case originated all the way back in 1891… though ironically, the case actually had nothing at all to do with anyone’s skull! In fact, it resulted from a tragic incident involving two Wisconsin schoolboys.

Here’s how it unfolded: One of the boys (George Putney) kicked his classmate (Andrew Vosburg) in the shin while attempting to get his attention in class. Putney was unaware that Vosburg had a pre-existing infection in his leg, which was exacerbated when Putney kicked him. In fact, Vosburg’s injury eventually became so bad that the lad was unable to use his leg properly ever again and he sued Putney for the resulting damages. Wisconsin’s Supreme Court ruled on this seminal personal injury case that Putney was liable for Vosburg’s injury despite being unaware of the pre-existing infection in his classmate’s leg.

The so-called “eggshell skull” doctrine attempts to explain the Wisconsin court’s decision by setting forth the idea that defendants who cause harm to unusually vulnerable plaintiffs are indeed responsible for the damages they cause… even if they had no knowledge of a plaintiff’s pre-existing condition.

What Happens in Michigan if Your Pre-Existing Condition Is Aggravated by a New Injury?

As you may imagine, an injured plaintiff can take legal action if any pre-existing medical condition gets worse after being hurt by someone through no fault of their own – whether their prior condition had been well documented in the past or even if it only becomes apparent after being injured.

Of course, Michigan’s No-Fault Insurance law can come into play here as well. That’s because your Personal Injury Protection benefits cover medical expenses you incur up to the limit you’ve chosen when you purchased your policy. So, as we always say, choosing unlimited PIP benefits is the only way to go. If you don’t, once your limited PIP benefits have been exhausted – or if your car insurance company has stopped paying for wages you lost due to your injuries preventing you from working – you can attempt to recover those funds by filing a personal injury lawsuit against the person responsible for your injuries, especially if your pre-existing medical conditions have been aggravated by their careless or malicious actions. (But remember that there is a very short statute of limitations for filing such a suit, so don’t wait too long to contact us!)

It’s Important to Have a Medical Exam Following Any Accident, but Especially When Pre-Existing Conditions Have Worsened

As we stressed in a previous article, documenting the extent of your injuries by obtaining detailed medical records is crucial to building a successful personal injury case. Your doctor’s assessment of your previous medical condition, and how it has been exacerbated by the new injuries you’ve just experienced, can provide a judge and jury with unbiased evidence to help prove you deserve compensation to deal with any new costs you might incur, as well as for the pain and suffering those aggravated injuries may cause you to experience going forward.

For instance, if you have a bad back, and have been treated in the past for spinal pain, you may require additional medications, physical therapy, or even surgery if you’re involved in a car accident that aggravates your previous injuries. The legal precedent established by the “eggshell skull” rule legally permits you to seek compensation for those new costs.

Put Our Experience to Work for You

Whether you’ve just been hurt… or you’ve had old, long-forgotten injuries come back to haunt you as the result of an incident that aggravated old wounds… one way to receive the compensation you deserve is to hire our team of experienced personal injury attorneys to represent you in court. We’re fresh off winning a $75 million settlement for some very deserving clients – the largest award for a single wrongful death lawsuit in the history of Michigan – so you can believe we’re up to the task. To get us working for you, call 855-MIKE-WINS (855-645-3946) or contact us online today.

Content checked by Mike Morse, personal injury attorney with Mike Morse Injury Law Firm. Mike Morse is the founder of Mike Morse Law Firm, the largest personal injury law firm in Michigan. Since being founded in 1995, Mike Morse Law Firm has grown to over 200 employees, served 40,000 clients, and collected more than $1.5 billion for victims of auto, truck and motorcycle accidents. The main office is in Southfield, MI but you can also find us in Detroit, Sterling Heights and many other locations.