A personal injury claim can be complex, but even more so when a pre-existing condition is involved. As experienced personal injury lawyers in Myrtle Beach, we have seen firsthand how a pre-existing condition can affect the outcome of a personal injury case. In this blog post, we shed some light on the challenges posed by pre-existing conditions and explain how our firm navigates these complexities to ensure our clients receive the rightful compensation they deserve.

What is a Pre-existing Condition?

A pre-existing condition is any health issue or injury that existed before the accident or incident in question. It may include a chronic illness, or an injury sustained due to a prior accident, medical condition, or workplace incident. It is important to note that a pre-existing condition does not automatically disqualify you from pursuing a personal injury claim for your current injury. The key to a successful claim lies in establishing a clear connection between the accident and the aggravation or exacerbation of the pre-existing condition.

The Importance of Full Disclosure

Clear communication lies at the heart of our firm’s values. We firmly believe in treating our clients with compassion and respect, which includes trusting that our clients will disclose to us any pre-existing conditions that might come into play. You should provide complete and honest information about your prior medical history to your Myrtle Beach personal injury lawyer. Failing to disclose any pre-existing condition can undermine the credibility of your personal injury claim and hinder your chances of receiving fair compensation.

Challenges and Complexities Caused by Pre-existing Conditions

When a pre-existing condition is involved in a personal injury claim, it introduces an additional layer of complexity, making it challenging to determine liability and the extent of your damages. The insurance company may argue that your injuries are solely attributable to your pre-existing condition rather than the accident in question. They will do this to minimize the compensation they must pay you or to deny your claim entirely. This is where the guidance of an experienced personal injury lawyer becomes invaluable.

Proving Causation in Personal Injury Case Involving a Pre-existing Condition

To successfully navigate a personal injury claim involving a pre-existing condition, our attorneys will diligently gather your medical records, consult with healthcare professionals, and seek expert opinions to demonstrate a causal link between the accident and your aggravated or exacerbated pre-existing condition. By thoroughly investigating the circumstances and building a compelling case, we will strive to prove that the accident significantly contributed to your current injuries.

The Eggshell Plaintiff Rule

South Carolina follows the “Eggshell Plaintiff Rule” in cases involving pre-existing injuries. This legal principle, also referred to as the “Eggshell Skull Rule,” stipulates that the at-fault party must accept the injured party as they are, regardless of any pre-existing conditions that may be present. In other words, if a plaintiff has a pre-existing condition that makes them more susceptible to injury, the defendant is still responsible for the full extent of the harm they caused. This rule was implemented to safeguard individuals with pre-existing conditions and to guarantee they are not unjustly denied compensation for injuries caused by someone else’s negligence.

Contributory Negligence and Pre-existing Conditions

In a personal injury case, comparative negligence may come into play when determining liability. Comparative negligence acknowledges that multiple factors can contribute to an accident or injury. If a pre-existing condition is aggravated or worsened by the defendant’s negligence, the defendant may still be held liable for the additional harm caused. However, the compensation awarded may be reduced to account for the pre-existing condition.

Expert Medical Testimony

Expert medical testimony often becomes crucial in supporting a personal injury claim when a pre-existing condition is a factor. Medical professionals may be needed to lend their expertise to explain how the accident affected the pre-existing condition, the resulting harm, and the required course of treatment. Expert testimony can strengthen the link between the accident and the exacerbated injuries and bolster the credibility of your claim.

The Importance of Legal Representation in Cases Involving Pre-existing Conditions

Having skilled legal representation is paramount for personal injury claims involving pre-existing conditions. By working with a knowledgeable personal injury lawyer, Myrtle Beach accident victims have access to the knowledge and experience needed to navigate the complexities involved in these cases. At Joye Law Firm, our lawyers will provide a thorough investigation, compassionate guidance, and steadfast representation to ensure you receive the compensation you need and deserve.

Contact a Myrtle Beach Personal Injury Lawyer at Joye Law Firm

While a pre-existing condition may introduce complexities to a personal injury claim, it should not dissuade you from seeking justice and fair compensation. With our firm’s extensive experience, unwavering dedication to our clients, and strong ties to the community, we are committed to helping you manage the intricacies involved in these types of cases and ensure accountability for your damages.

If you or a loved one has suffered injuries due to someone else’s negligence, do not hesitate to contact Joye Law Firm. We are here to stand by your side, advocate for your rights, and help you move forward with your life. We are committed to helping accident victims protect their rights and get the compensation they deserve.

About the Author

Mark Joye is the Head of the Litigation Department at the Joye Law Firm. A Board-Certified Trial Advocate with nearly 30 years of litigation experience, he currently serves on the Board of Governors for the American Association for Justice and is a past president of the South Carolina Association for Justice. In a recent trial, Joye headed a trial team that secured $17 million for a family killed in a tractor-trailer accident.

Recent Blog Post
Image of lawyers reviewing paperwork
Can I Get the At-Fault Party to Pay My Attorney Fees?

While you may pay a retainer or hourly fee for legal representation in many civil or criminal cases, personal injury claims often have a different arrangement called a contingency fee agreement. This helps you get legal services upfront without paying…

Joye Law Firm Staff Picks: What to do in South Carolina April 2-8, 2024 Events for Charleston, Columbia, Myrtle Beach, Summerville, and Clinton
What to Do in South Carolina: Joye Law Firm Staff Picks 4/2/24-4/8/24

Spring is in full swing, and with it comes a vibrant array of events across South Carolina. From cultural celebrations to festivals, there’s something for everyone to enjoy. Here’s a roundup of upcoming events handpicked by the Joye Law Firm…

Image of a woman in a cast filing an insurance claim on her computer
Do I Have to Use PTO Before Getting Workers’ Comp?

If you’ve been injured on the job and qualify for workers’ compensation, your employer cannot force you to use your paid time off (PTO). However, they may permit — or even encourage — the use of PTO while you’re receiving…

Joye Law Firm Staff Picks: What to do in South Carolina March 26 - April 1, 2024 Events for Charleston, Columbia, Myrtle Beach, Summerville, and Clinton
What to Do in South Carolina: Staff Picks 3/26/24 – 4/1/24

Looking for some springtime fun in South Carolina? Look no further! The Joye Law Firm team has handpicked a selection of upcoming events that promise to delight and entertain. From bluegrass festivals to Easter egg hunts, there’s something for everyone…

Awards & Recognition
CBS News