Aggravating Pre-Existing Conditions

     Many people who are injured in an accident already have existing ailments and physical problems before the accident, or they have previously injured the same part of their body before the accident.  Does this mean that you cannot receive compensation?  The simple answer is “No”.  Illinois law provides for compensation for aggravation of pre-existing conditions just as if you had newly injured that part of your body. 

     The law takes into account that every person is unique and as such, every person has his or her own unique physical traits and physical impairments.  Your unique physical traits and impairments should not prevent you from recovering compensation for injuries when a pre-existing condition is aggravated, or made worse, by an accident.  For example, many people in their 40’s and above have back issues – some more severe than others.  If you are in an accident and injure your back, you are entitled to be compensated if the condition of your back is made worse.  So, despite the fact that you had arthritis in your back, and you may have even actually had arthritis pain in your back before an accident; if, because of the accident, your arthritis pain is now more severe, or lasts longer, or you now need surgery, you are entitled to be compensated for the aggravation of your pre-existing back condition.

     Additionally, sometimes a person will have a condition or impairment that makes him or her more susceptible to an injury.  In that case, the law states that you are entitled to full compensation for your injuries, even though most other people would not have even been injured or injured so badly.  The classic case that all lawyers learn about in law school is the man who had an “egg shell skull” which was substantially thinner than the skulls of most all people.  A car hit him while he was walking and knocked him to the ground, where he hit his head and cracked his skull.  The person who hit the man argued that he should not have to pay compensation related to a fractured skull, because if he had hit most anyone else, they would not have suffered a fractured skull.  The Court ordered full compensation for the man with the fractured skull, reasoning that every person is unique and when an injury is suffered that uniqueness is taken into account.

     So if you have been injured in an accident of any kind, and that accident aggravates a condition you already have, you are entitled to full compensation as if the injury was a new injury.  Also, if you are injured because a condition already existing made it more likely you could be injured, or injured more easily than another, you are entitled to full compensation.  In any event, if you are injured, you should consult an experienced attorney to discuss your options.

     For more information and resources, visit our website at payonklaw.com, or call us for a free consultation at 708-633-6005.