Claimants (or their loved ones) may wonder, “can I claim if my pre-existing injury got worse after an accident?” the answer to this may be yes, you could make a claim provided you can show that the accident directly caused your existing injury to get worse. This is because your eligibility to claim compensation is assessed on how the accident has impacted you, not whether you had a pre-existing condition.
Key Points
- Data from the Family Resources Survey shows that 24% of people in the UK are living with a disability.
- Under the ‘thin skin’ rule, defendants may still be fully liable if a claimant’s pre-existing injury got worse.
- You could claim compensation for the additional pain and suffering caused by your condition being made worse.
- You will need evidence, such as medical records, showing the impact on your health and how it became worse as a direct result of the accident.
- One of our No Win No Fee solicitors could help you to make a personal injury compensation claim for pre-existing conditions made worse in an accident caused by another party.
Please read our guide below to find out more. If you are ready to claim, contact our advisory team. As part of your free consultation, they will assess whether you have a strong claim and estimate how much it could be worth. Get in touch by,
- Phone 0800 073 8801.
- Start a claim using our form.
- Talk to an advisor live below.
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- Can I Claim If My Pre-Existing Injury Got Worse After An Accident?
- Examples Of Accidents Aggravating A Pre-Existing Injury
- What Is The Thin Skin Rule For Pre-Existing Condition Claims?
- What Is The Role Of Liability In Claims Involving A Pre-Existing Injury Condition
- Calculating Compensation For Aggravated Injury Settlements
- Should I Seek Medical Advice IIf A Pre-Existing Injury Got Worse?
- No Win No Fee Pre-Existing Condition Compensation
- Useful Links
Can I Claim If My Pre-Existing Injury Got Worse After An Accident?
Yes, you can claim compensation if an accident made your pre-existing injury worse, if you can show the accident impacted your health, caused your condition to deteriorate, and another party was at fault. The basic eligibility criteria to make any type of personal injury claim are as follows,
- The other party had a duty of care to you. This may be conferred under different pieces of legislation, depending on the circumstances of the accident. We will explore this in greater detail in the next section.
- This party breached their duty of care. This may mean that their action or inaction caused your accident.
- The accident caused you harm. In this context, it made your pre-existing injuries worse.
An advisor can explain more about how eligibility works and how to claim compensation.
Examples Of Accidents Aggravating A Pre-Existing Injury
Pre-existing injuries can be aggravated by accidents at work, on the road, or in public places. In the following sections we outline the legal duty of care that applies to different types of claim and provide examples of when a claim could be made.
Accidents At Work
Pre-existing injuries can be aggravated by manual handling accidents, inadequate training, or otherwise poor health and safety practices. Employers have a duty of care under the Health and Safety at Work etc. Act 1974 (in addition to other legislation) to take reasonable steps to ensure workers’ safety.
For example, an employee with an existing lower back condition is asked to lift heavy items outside their normal duties. They suffer an additional muscle strain and soft tissue injuries.
Public Liability Claims
Pre-exiting conditions and injuries can be worsened by accidents in public places. The occupier of a space has a duty of care under the Occupiers’ Liability Act 1957 to make sure visitors are kept reasonably safe.
For example, a shopping centre customer has torn cartilage in their knee. They trip and fall over a broken paving stone. The accident worsens their existing cartilage injury, leading to osteoarthritis.
Road Traffic Accidents
Road traffic accidents can make pre-existing injuries worse through careless driving, speeding, and failing to pay due care and attention. Everyone using the roads must strive to keep everyone else safe and avoid causing injuries while navigating. As such, all road users must adhere to the Road Traffic Act 1988 and the Highway Code.
For example, a car passenger is involved in a rear shunt car accident, the following driver was not paying due care approaching a junction. The passengers’ pre-existing hernia is made worse by the collision.
An advisor could help answer questions such as “can I claim if my pre-existing injury got worse after an accident?”
What Is The Thin Skin Rule For Pre-Existing Condition Claims?
The thin skin rule for pre-existing conditions means that claimants must be taken as they are, accepted for existing vulnerabilities, and that defendants are liable for worsening an existing injury. Also known as the “egg-shell skull” rule, this principle applies to both criminal and tort law. In the 1939 case Owens v Liverpool Corp, the court determined that arguing that a claimant was unusually fragile is not a defence. Simply put, defendants in personal injury claims can not use existing frailties to excuse further harm caused to the claimant.
One of our solicitors could assess your (or your loved ones’ case) and help to explain if the thin skin rule applies. Contact us to learn more.
What Is The Role Of Liability In Claims Involving A Pre-Existing Injury Condition
The role of liability in personal injury claims involving a pre-existing injury is to define who was at fault, show how their actions or lack thereof led to an accident, and determine whether compensation is owed. This same principle applies no matter whether the case involves a new injury, or a pre-existing condition.
For example, a claimant involved in a rear-shunt car accident had a pre-existing condition, in this case, a herniated disc in their neck. The collision worsens this injury, causing the disc to deteriorate further.
This highlights the important role of establishing liability in any personal injury claim. One of our solicitors could help you to establish and prove your claim, offering individually tailored support.
Calculating Compensation For Aggravated Injury Settlements
Calculating compensation settlements for an aggravated injury involves assessing the extent of the injury, its impact on your daily life, and taking account of financial losses. Aggravated injury settlements can be made up of two heads of loss.
General damages are the first of these heads and are awarded automatically to successful claimants. They compensate for the injury and take any loss of amenity (the impact on your life, such as an inability to participate in hobbies, etc) into account. The second head is special damages. These are discussed in the next section.
To help value your injury, the courts and solicitors can refer to the compensation brackets in the Judicial College Guidelines (JCG). This publication contains compensation guidelines for different injuries.
Our table includes figures from the JCG (rows 2-10). The first row figure is illustrative of a total settlement. Please also note that these figures are not guaranteed.
| Severity and injury | Notes | Compensation |
|---|---|---|
| Multiple, severe forms of injury + medical expenses or other special damages. | Severe injuries, lost income, private medical treatment and care costs. | Up to £500,000 inc. special damages for medical bills or income losses. |
| Severe neck injury (2). | Cervical spinal disc damage, serious fractures, and other injuries. | £80,240 to £159,770. |
| Moderate neck injury (1) | Dislocations and bone fractures leading to a spinal fusion. | £30,500 to £46,970. |
| Severe knee injury (1) | Joint disruption, development of osteoarthritis, and other damage. | £85,100 to £117,410. |
| Moderate knee injury (1). | Torn cartilage, dislocation, and injuries leading to minor instability. | £18,110 to £31,960. |
| Moderate back injury (1). | This bracket includes multiple types of injury, such as crush or compression fractures. | £33,880 to £47,320. |
| Minor back injury (1). | A recovery to nuisance level or full recovery is made. | £9,630 to £15,260. |
| Serious shoulder injury. | Dislocations and brachial plexus injuries. | £15,580 to £23,430. |
| Moderate shoulder injury. | A frozen shoulder limiting movement. | £9,630 to £15,580 |
| Modest ankle injuries. | Ligament injuries, sprains, and undisplaced or minor fractures. | Up to £16,770. |
What Can You Include In Your Claim For Compensation For A Pre-Existing Condition?
Your compensation claim can include medical expenses, lost earnings, and other losses caused by the accident and the worsening of a pre-existing medical condition under special damages. However, you must be able to provide evidence proving both the loss and its connection to the accident/ injury.
Losses and evidence include.
- Loss of earnings – bank statements and wage or payslips.
- Medical expenses – medical reports, invoices and receipts.
- Transport costs – tickets and receipts for travel to medical or legal appointments.
- Vehicle and/or home adaptation costs – invoices and medical reports.
One of our accident claim solicitors could help you to understand how claims may be valued, and ensure you claim for any qualifying financial losses. Speak to an advisor for more information.
4.8 (948 reviews)Should I Seek Medical Advice If A Pre-Existing Injury Got Worse?
Yes, you should seek appropriate medical care and advice following any accident which aggravated a pre existing medical condition, or where you suffered a new injury. The most important step you can take if you are injured is to seek medical advice and care. This may be in the form of visiting a hospital, your GP, walk in clinic, or other medical service provider. The records this creates could also be used to support your personal injury claim.
The NHS provides information on how to find services near you.
For free advice about how medical evidence can support your claim for a pre-existing injury that got worse after an accident, speak with a member of our advisory team now.
No Win No Fee Pre-Existing Condition Compensation
No Win No Fee pre-existing condition compensation claims allow solicitors to provide their services without claimants having to pay upfront solicitors’ fees. A personal injury lawyer or solicitor from our team may be able to help you claim on a No Win No Fee basis, through a Conditional Fee Agreement (CFA). This means you only pay for the solicitor’s work if the claim is successful.
If you win, you will be charged a success fee. This is a fixed percentage of your compensation and is deducted by your solicitor. There is a legal limit on the percentage which may be taken. A solicitor could also help by,
- Organising your independent medical assessment and medical report.
- Helping to collect medical evidence.
- Providing free legal advice.
- Updating you about your claims progress.
- Handling the negotiations with the other party’s solicitors
Get In Touch With Accident Claims
Get in touch with Accident Claims today to be connected with a personal injury solicitor.
- Chat to us live.
- Call 0800 073 8801.
- Start a claim online.
Useful Links
Find further help and information in these resources.
- Check how to prove fault in a car accident here.
- Here we explain the accident at work claim process.
- Learn how to prove a car accident was not your fault.
References.
- View care and support you can get from the NHS here.
- Learn more about health conditions, disability, and universal credit here.
- View NHS first aid care here.
We hope to have answered the question “Can I Claim If My Pre-Existing Injury Got Worse After An Accident?”. Please get in touch to discuss your case.
