How Pre-Existing Conditions Affect Injury Claims in South Carolina

Insurers comb through your medical records looking for pre-existing conditions they can use to deny high-value personal injury claims. This is a favorite tactic of liability insurers in South Carolina, especially if you sustained a disabling spinal cord injury.

Mark C. Tanenbaum is an experienced personal injury lawyer and knows precisely how pre-existing conditions can (and cannot) affect your injury claims. Whether you were injured in a construction, car, or slip-and-fall accident, schedule a free and confidential case review today.

Common Pre-Existing Conditions Used to Reduce Personal Injury Settlements

Everyone has a medical history. When you’re injured in a Charleston accident, it’s necessary to submit proof of injury to the liability insurer. This usually comes in the form of injury-related medical records. The liable insurer will thoroughly review these lengthy reports for any mention of potential pre-existing conditions and visits to unrelated doctors.

While this system is designed to prevent insurance fraud, it’s often used as an underhanded way to reduce your financial settlement. The most common ‘pre-existing’ conditions insurance doctors use to reduce PI awards in Charleston include:

• Age-related degeneration
• Stenosis
• Degenerative disc disease
• ‘Chronic’ pain
• Arthritis
• Prior fractures
• Depression and emotional conditions

Any prior medical history related to the current claims can, and likely will, be used to deny your claims or significantly reduce your settlement offer. These ‘pre-existing’ condition denials most often occur when plaintiffs above a certain age have a history of back pain but suffer significant herniations after motor vehicle accidents or falls.

Understanding South Carolina’s ‘Eggshell Plaintiff’ Rule

Suppose you were negligently or intentionally injured in Charleston, South Carolina. In that case, the law holds the liable party responsible for all injuries sustained, even if you suffered significant injuries due to a pre-existing condition. This is called the ‘eggshell plaintiff’ or ‘eggshell skull’ rule. Car accident victims already struggling with anxiety may find their condition exacerbated after a sudden intersection collision. 

This exacerbation could result in the need for additional therapy or develop into post-traumatic stress disorder (PTSD). The negligent driver’s insurer is still responsible for covering these additional treatment costs even if you already had an underlying illness.

Fighting Insurance Denials in Charleston, S.C.

Liable insurers are responsible for covering any aggravation or exacerbation of a pre-existing condition caused by an accident. However, you must show that you suffered additional damages. An auto insurer may deny your claim if you were already being treated for an underlying condition, such as back pain, and there was no change to the treatment plan due to a car crash.

In such cases, the pre-existing condition was not ‘aggravated’ by the accident. Experienced personal injury lawyers in Charleston will work with medical and rehabilitation experts to submit necessary evidence of aggravation or exacerbation.

Trusted Personal Injury Attorney for Pre-Existing Condition Denials

Pre-existing conditions can make it more difficult to recover damages after Charleston accidents. However, the experienced personal injury lawyer at the Law Office of Mark C. Tanenbaum can vehemently defend against claims that you did not suffer a ‘new’ accident injury or worsening condition. Contact our South Carolina legal professionals immediately to discuss your case by calling (843) 577-5100 or connecting online for free.