Personal Injury Claim with A Pre-Existing Old Injury, Can I Claim Compensation? – How To Claim?

How to Make A Pre-Existing Injury Compensation Claim

Pre-existing injury claim

Pre-existing injury claim

On this page, you will find a guide to claiming compensation for a pre existing injury that has been made worse by the actions of a third party in some way. For example, if you were to be suffering from a case of whiplash, and another driver caused a road traffic accident in which your whiplash was made worse, you would be able to make personal injury claims against them

Legal Expert can help you make such a claim. We can give you a much more accurate idea of how much you might claim than if you used an online personal injury claims calculator. It takes us just a few minutes on the phone to let you know whether we think you have a valid claim. Call us on 0800 073 8801 to find out.

Select a Section:

A Guide To Your Rights To Claim Compensation With A Pre-Existing Condition

This is a guide to making a personal injury claim for an existing injury that has been made worse due to the actions of a third party. For example, if you already have a sprained ankle, and you slip on a wet floor in a fast food restaurant, causing the sprain to become worse, then a personal injury lawyer should be able to claim compensation on your behalf.

This guide contains all of the information you need to learn about the claims process that your legal team will follow when making your claim. It covers both accidents at work and accidents that happen in publicly accessible places. You will find below, information such as:

  • An examination of a victim’s legal rights with regard to making a compensation claim for an existing injury that has been exacerbated due to the actions of a third party.
  • Information on just when it is appropriate to make an injury claim due to an existing injury being aggravated.
  • A discussion of the possibility of a patient making a compensation claim for a medical condition that has been made worse due to the actions of a third party.
  • A full definition of the “thin skin” rule, and how it applies to compensation claims for aggravated injuries.
  • A discussion of how liability shifts in a compensation claim for an aggravated injury caused by a third party.
  • Information on claiming compensation for a whiplash injury that has been made worse due to the actions of another.
  • Information on claiming for an accident in the workplace that has lead to an employee suffering an aggravated injury.
  • A list of the types of damages that a typical settlement for aggravated injury might include, both special damages and general damages are covered.
  • A table that shows typical amounts of compensation that people are awarded for a wide range of different injuries.
  • An introduction to the No Win No fee claims service that Legal Expert offers to UK residents as a streamlined way to make aggravated injury claims. Also, we state the reasons why this is the best overall option in your case.

Once you have gone over this guide, if you still have any unanswered questions, then you can call Legal Expert on the number at the bottom of this page and we will try to answer them all for you.

What Are Your Rights To Claim Compensation For A Pre-Existing Condition?

Every UK resident is protected under UK law when they are injured due to the actions of a third party. Whether they suffer a completely fresh injury, an existing injury is aggravated, or an old injury is caused to flare up again, makes no difference what so ever.

As long as it can be proven that the event which caused the injury to become aggravated was the fault of a third party, a valid route to claiming compensation will exist.

Call Legal Expert on the number at the bottom of this page today, so that we can assist you in beginning your claim.

When Should I Seek Medical Advice In An Aggravated Injury Settlement?

Before you contact a personal injury solicitor to make a pre-existing condition claim against a third party, there are a number of steps that you can take to ensure you have the best chance possible of actually winning your claim. Such as:

  • Make sure that you have had your injury treated at a hospital. This is important, as making a claim for an aggravated injury is all about proving medically, that the injury was made worse by an external factor that was caused by a third party. So, your doctor’s medical opinion about the prognosis of your injury is a key factor in making your claim.
  • If you suffered an accident at work, which was the cause of your existing injury becoming worse, then you need to ensure that it has been entered correctly into the company accident book. Every company in the UK has to keep an accident book by law, you must record your injury in it to have the best chance of winning your claim.

Once you have done these two things, it is time to begin making your claim. Contact Legal Expert on the number at the bottom of this page to proceed.

Can I Claim If An Accident Accelerated A Pre-Existing Medical Condition?

If you are involved in an accident that wasn’t your fault, then regardless of whether you suffer from a completely new injury, or the worsening of an existing once makes no difference at all to your eligibility to claim compensation. You can claim pre existing injury compensation in the same way you would for a fresh injury.

However, it should be noted that if you are aiming to claim for a pre-existing condition compensation may be harder to win. This is simply because the medical situation is less clear-cut. You will need to rely heavily upon medical evidence provided by your doctors to successfully claim.

Legal Expert can help you to make this complex type of claim. Call us at the number at the bottom of this page to find out how.

What Is The Thin Skin Rule For Pre-Existing Condition Claims?

When it comes to compensation for pre-existing condition, the “thin skin” or “eggshell skull” legal doctrine that typically applies to negligence cases, such as clinical or medical negligence. The concept of this doctrine is that the fact that a person has some form of existing frailty, it is no excuse for causing them harm through negligence.

This concept is perhaps better understood with an example. Let’s say that hypothetically, a person with a heart condition needs to have a serious operation. During that operation, there was an error made by the anaesthetist, that caused them to go into coronary arrest, due to their heart condition. Under the thin skin doctrine, the fact the patient was predisposed to coronary arrest due to their weakened heart is no defence. Doctors are expected to take any existing medical conditions into account before administering any treatment which might cause and

If you have been injured and you believe the thin skin rule might apply in your case, then Legal Expert can assist you with this very complex type of compensation claim. Call us on the number below to find out how.

What Is The Role Of Liability In Claims Involving A Pre-Existing Injury Condition

Liability is always an issue with any type of compensation claim. Just because you are claiming for a pre-existing injury instead of a fresh one doesn’t change anything. For example, if you intend to seek, for example, a pre existing back injury settlement for an old back injury that was made worse in a car crash, then as long as it can be proven that the road traffic accident was caused by a third party, a valid route to making a compensation claim will exist.

Legal Expert can help you to make such a claim, call us on the number at the bottom of this page to find out how.

Whiplash Injury with Pre-Existing Condition

When it comes to a car accident pre existing condition claims can be tricky. This is because the most common of all injuries that people claim compensation for in car crash-related claims is whiplash. Unfortunately, it is also the most common injury that people state they have suffered when trying to make fraudulent claims. Therefore, if you aim to claim for whiplash with a pre existing condition, you are going to be starting off on your back foot. You will definitely need a) experience legal help and b) a rock solid medical case.

If you need to make a claim for a car accident settlement pre existing condition or not, Legal Expert can help you. Call us at the number at the bottom of this page and we will explain how.

Pre Existing Condition Workers Compensation Injury

pre-existing-injury-claims-statistics

Source – http://www.hse.gov.uk/statistics/causinj/index.htm

As can be seen from the graph above, even though the UK Government has done its best to reduce the number of workplace injuries in the UK each year, they are still fairly common. And of course, a percentage of these accidents will result in an aggravation injury and workers compensation will be claimed.

Your employer is required by law, to conform with Health & Safety legislation aimed at keeping you safe while you are working. If your employer fails in this duty, a reason to claim will exist. For example, if you had a pre-existing back condition, and your employer forced you to move a heavy object when they were aware of your injury, and it was made worse, then you would be within your rights to seek a pre-existing back injury settlement from your employer.

This works the same with every pre existing condition workers comp injury claims should be possible. If you had a medical condition that is pre-existing workers compensation will be claimable if due to the actions of your employer, the condition is made worse. Call Accident Clams UK on the number at the bottom of this page so that we can help you with such a claim.

What Can You Include In Your Claim For Compensation For A Pre-Existing Condition?

If you need to make a claim, such as for aggravation of pre-existing condition workers compensation, or for a whiplash injury with pre-existing condition that was exacerbated by a car crash, then there are a number of types of damages your settlement will consist of. An aggravated injury settlement UK residents are likely to make could include damages such as:

  • Special damages – including loss of earnings, medical fees, travel costs, and any other financial losses caused by the injury.
  • General damages – to compensate you for the pain and suffering of the accident and the injury, as well as mental trauma, and also a provision for any permanent or long-term effects of the injury.

To find out exactly what types of damages you could claim in your own case, call Legal Expert on the number at the bottom of this page.

Calculating Compensation For Aggravated Injury Settlements

When it comes to answering questions such as what is the difference in payouts for aggravation vs exacerbation workers compensation for? these are difficult questions to answer, as each claim is different. Age makes no difference in claims; old workers comp injury is the same as young workers. The table below does, however, give some typical values:

Which Injury?PaymentHow Bad?More Info About the Injury
ThumbUp to £48,080From minor through to severeAt the lower end of the scale, lacerations and abrasions, ramping up to injuries such as amputation of a thumb.
ToeUp to £49,180From moderate through to severeAt the lower end of the scale, lacerations and abrasions, ramping up to injuries such as amputation of all of a person’s toes.
AnkleUp to £61,110From minor through to severeAt the lower end of the scale, lacerations and abrasions, ramping up to a total loss of functionality of the ankle.
FootUp to £96,150From minor through to very severeAt the lower end of the scale, lacerations and abrasions, ramping up to injuries such as amputation of a foot.
LegUp to £119,210From minor through to severeAt the lower end of the scale, lacerations and abrasions, ramping up to injuries such as amputation of a leg.
NeckUp to £130,060From minor through to severeAt the lower end of the scale, lacerations and abrasions, ramping up to injuries such as permanent disability of the neck.
BackUp to £141,150From minor through to severeAt the lower end of the scale, lacerations and abrasions, ramping up to injuries such as permanent disability of the back.
HandUp to £54,280From minor through to seriousAt the lower end of the scale, lacerations and abrasions, ramping up to an amputation of a hand.
WristUp to £4,160From minor through to severeAt the lower end of the scale, lacerations and abrasions, ramping up to a total loss of functionality of the wrist.
Arm injuryUp to £114,810From minor through to severeAt the lower end of the scale, lacerations and abrasions, ramping up to a total amputation of an arm.
Finger injuryUp to £21,910From minor through to severeAt the lower end of the scale, lacerations and abrasions, ramping up to a total loss of all of a person’s fingers.

For a much better estimate of how much you might receive for an aggravated injury settlement, call Legal Expert on the number at the bottom of this page.

No Win No Fee Pre-Existing Condition Compensation

Legal Expert offers our No Win No Fee claims service as the best way for residents of the UK to make a compensation claim for a pre-existing injury that has been made worse through the actions of a third party.

This No Win No Fee deal means you pay nothing at the start of your claim, nothing whilst we make your claim, and nothing if we don’t win you a compensation settlement. The only time you actually pay our fees is when you receive a payment for damages.

Why Should You Make Your Compensation Claim With Legal Expert?

Legal Expert has a wealth of experience in tackling complex claims cases for our clients. We know the difference between an exacerbation vs. aggravation of injury, and how the process of claiming for each is subtly different. We also know how to approach tricky cases such as claiming arthritis workers compensation for an employee who has aged and may have developed arthritis naturally.

Put simply, if you come to us and ask, what is a pre existing injury claim, and do you believe I have a valid case? You can rely on us to give you a straight answer. We gain nothing by attempting to make claims that we have no chance of winning.

We always do our best to win you the maximum level of damages, but in the same breath, we will never do anything that might risk your claim, causing you to lose out entirely.

We use plain English to answer any questions you may have, and keep you updated on the status of your claim. Let us help you as we have helped thousands of others, by calling us on the number at the bottom of this page.

Get In Touch With Legal Expert Today

Are you ready to begin making a claim for an existing injury that was made worse by an accident or another event that was not your fault? If so, call Legal Expert on 0800 073 8801 now. Once we have asked you a few questions to get a better idea of your claim, we will give you some free legal advice on what we think your next steps should be.

Useful Links

By following the link below, you will find NHS published information on whiplash injuries:

NHS info on whiplash injuries

By following the link below, you will find NHS published information on pre-existing injuries:

NHS info on pre-existing injuries