What happens if I already have an injury that is made worse by an accident that was not my fault? What happens now an accident has caused an acceleration of an injury that would have happened at some point anyway?

One of the main worries that Claimants can sometimes have, even if they have a claim where liability is straightforward is that the accident has in fact accelerated an injury that had previously been asymptomatic or aggravated a previous injury. They worry that these situations could void their claim or reduce the compensation recoverable.

Under what is the known as the Eggshell theory, a Claimant cannot be denied compensation due to any pre-existing conditions. The reality is that in these circumstances a medical expert will have to consult your medical history and current position and determine a prognosis on how much a previous injury has been exacerbated or by how quickly an underlying symptom has been accelerated. This will not affect your ability to claim and the value will be determined based on the medical evidence at hand.

In these scenarios, your claim will be valued and limited to how much the accident is the cause of your injuries. If it was not for the accident you would have recovered a lot quicker than what is now anticipated or you may have gone years before the symptoms began to affect you.

For example if your symptoms have been accelerated for 3 years, you can claim for this period of time, anything after this will be viewed as likely to have happened regardless of the accident. Likewise we can’t recovery losses that predated the accident for injuries that have been exacerbated but we may be able to get treatment or costs that would have been to costly to arrange yourselves or taken too long through the NHS.

 

 

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