By Joanne Jeffries. Last Updated 26th October 2021. Welcome to our guide on making a pre-existing injury claim, where we’ll look to answer the question, “can I claim if I have a pre-existing injury?”. 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.
Accident Claims UK can help you make such a claim on a No Win No Fee basis. We can give you a much more accurate idea of how much you might claim for injuries that exacerbate pre-existing health conditions 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 once you give us your personal data on the types of accident you’ve had. Call us on 0800 073 8801 to find out. We could help people in the UK get the compensation they deserve.
Select a Section:
- A Guide To Your Rights To Claim Compensation With A Pre-Existing Condition
- What Are Your Rights To Claim Compensation For A Pre-Existing Condition?
- When Should I Seek Medical Advice In An Aggravated Injury Settlement?
- Can I Claim If An Accident Accelerated A Pre-Existing Medical Condition?
- 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
- Whiplash Injury with Pre-Existing Condition
- Pre Existing Condition Workers Comp Injury
- What Can You Include In Your Claim For Compensation For A Pre-Existing Condition?
- Calculating Compensation For Aggravated Injury Settlements – Updated October 2021
- No Win No Fee Pre-Existing Condition Compensation
- Why Should You Make Your Compensation Claim With Accident Claims UK?
- Get In Touch With Accident Claims UK Today To Make A Pre-Existing Injury Claim
- Useful Links Relating To A Pre-Existing Injury Claim To Help Answer ‘Can I Claim If I have a Pre Existing Injury?’
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 for this type of injury.
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. We answer questions such as ‘Can I claim if I have a pre-existing injury?’ and 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 been made worse as a result of the accident.
- 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 Accident Claims UK 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 Accident Claims UK 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?
If you’re injured in an accident that was not your fault, you could be eligible to claim for a new injury or one that has aggravated or exacerbated a pre-existing condition. You will need to prove to the liable party that the accident caused you to suffer more than you would if the accident hadn’t happened.
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 they suffered prior to the accident is aggravated, or an old injury is caused to flare up again, it makes no difference whatsoever.
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.
When Should I Seek Medical Advice In An Aggravated Injury Settlement?
If you’re asking ‘Can I claim if I have a pre-existing injury?’ you might want to consider the below. 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.
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.
What Is The Thin Skin Rule For Pre-Existing Condition Claims?
When it comes to compensation for a pre-existing condition, the “thin skin” or “eggshell skull” rule or legal doctrine typically applies to negligence cases, such as clinical or medical negligence by a medical professional. The concept of this doctrine is that the fact that a person has some form of existing frailty is no excuse for causing them to come to 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, and you’re looking for a law firm then Accident Claims UK 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.
Accident Claims UK can help you to make such a claim; call us on the number at the bottom of this page to find out how. We could also the question ‘can I claim if I have a pre-existing injury?’ by giving you information relating to your specific circumstances.
Whiplash Injury with Pre-Existing Condition
In 2020, it was estimated that 115,584 people suffered injuries in road traffic accidents on UK roads. You can see the type of road users injured below.
‘I had a car accident – can I claim if I have a pre-existing injury?’ – this is a complex question 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) experienced legal help and b) a rock-solid medical case.
Pre Existing Condition Workers Compensation Injury
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. In 2019/20 alone, 38.8 million working days were lost in Great Britain due to work-related illness and workplace injury, and 1.6 million people were reported to be suffering from a work-related illness. 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 would be claimable if, due to the actions of your employer, the condition is made worse. Call Accident Claims 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 a 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.
Calculating Compensation For Aggravated Injury Settlements – Updated October 2021
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:
|More Info About the Injury
|Up to £51,460
|From minor through to severe
|At the lower end of the scale, lacerations and abrasions, ramping up to injuries such as amputation of a thumb.
|Up to £52,620
|From moderate through to severe
|At the lower end of the scale, lacerations and abrasions, ramping up to injuries such as amputation of all of a person’s toes.
|Up to £65,420
|From minor through to severe
|At the lower end of the scale, lacerations and abrasions, ramping up to a total loss of functionality of the ankle.
|Up to £102,890
|From minor through to very severe
|At the lower end of the scale, lacerations and abrasions, ramping up to injuries such as amputation of a foot.
|Up to £129,010
|From minor through to severe
|At the lower end of the scale, lacerations and abrasions, ramping up to injuries such as amputation of a leg.
|Up to £139,210
|From minor through to severe
|At the lower end of the scale, lacerations and abrasions, ramping up to injuries such as permanent disability of the neck.
|Up to £151,070
|From minor through to severe
|At the lower end of the scale, lacerations and abrasions, ramping up to injuries such as permanent disability of the back.
|Up to £102,890
|From minor through to serious
|At the lower end of the scale, lacerations and abrasions, ramping up to an amputation of a hand.
|Up to £56,180
|From minor through to severe
|At the lower end of the scale, lacerations and abrasions, ramping up to a total loss of functionality of the wrist.
|Up to or exceeding £128,710
|From minor through to severe
|At the lower end of the scale, lacerations and abrasions, ramping up to a total amputation of an arm.
|Up to £85,170
|From minor through to severe
|At 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, and the role of the medical report in securing compensation, call Accident Claims UK on the number at the bottom of this page.
No Win No Fee Pre-Existing Condition Compensation
Accident Claims UK 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 solicitors fees is when you receive a payment for damages.
Why Should You Make Your Compensation Claim With Accident Claims UK?
Accident Claims UK has a wealth of experience in tackling complex claims cases for our clients. We know the difference between an exacerbation vs aggravation of an 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 Accident Claims UK Today To Make A Pre-Existing Injury Claim
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 Accident Claims UK 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.
Pre-existing condition claims- FAQ
Can a pre-existing injury affect my personal injury claim?
Simply put, yes it could but it may not affect your ability to claim. If an accident happens that isn’t your fault and exacerbates an injury you already have, then you could still claim. However, you may not be claiming for a new injury, rather you’d be claiming for the extra pain and suffering you’d suffered or would suffer due to the accident. This could affect the amount of compensation you would receive. However, it would not preclude you from claiming.
Can you sue for pre-existing injury?
Unless your pre-existing injury was caused by someone else’s negligence and you are within the personal injury claims time limit to claim, you would not be able to sue for it. When you make a claim for an accelerated or exacerbated injury, you would claim for the suffering and pain on top of your initial injury, not the injury itself.
Do I need a personal injury solicitor to make a pre-existing injury claim?
You could be forgiven for thinking you’d legally need a solicitor to represent you when you make a claim. However, this isn’t the case. Many claimants do prefer to have legal representation though. This is because solicitors that are authorised and regulated by the Solicitors Regulation Authority could have the professional knowledge and experience to build a strong claim. They could have the ability to fight for the maximum settlement possible for your pre-existing injury claim. We’d be happy to help connect you with such a solicitor on a No Win No Fee basis.
What is a pre-existing condition in the UK?
A pre-existing condition is simply a condition that you’ve already suffered from before your accident that may make the effects of your accident worse. This could be a medical condition like a heart defect or a compromised immune system that was made worse by an accident or through medical negligence. It could also be an injury that you’ve sustained in the past, like a torn Achilles tendon, that makes subsequent injuries more likely to occur or more impactful on your daily life.
What is the average payout for a personal injury claim in the UK with a pre-existing condition?
It’s really difficult to put a value on a claim for personal injury with a pre-existing condition. This is because every injury is unique, and no two people will have the same pre-existing condition that affects them in exactly the same way. Because of this, it’s hard to say what kind of compensation you could be entitled to without more information on your claim. So if you’ve been injured and had a pre-existing condition made worse as a result, get in touch with our team today to discuss your claim and see how much you could be owed.
How long could I have to claim for exacerbation of a pre-existing condition?
It depends on the type of claim you’re making as to how long you could have to make a personal injury claim. When it comes to claims through the Criminal Injuries Compensation Authority, you would usually only have 2 years to claim. Medical negligence and other accident claims, such as a workplace accident, or a road traffic accident would usually have a limitation period of 3 years. This period begins from the date of the accident or in some cases, the date you became aware of the liable party’s contribution to your accident. However, some exceptions could apply to this. You could claim on behalf of a child up to the date they turn eighteen. Or, if you have not claimed on their behalf, they could claim once they turn 18. Again, they would have 3 years to do so in most cases. Other exceptions to the limitation period could include cases where the injured party lacks mental capacity to claim.
Can I claim if I have a pre-existing injury – claiming on behalf of a child
You would need to apply to be the child’s litigation friend. Once approved, you would have the authority to make decisions about the case on the child’s behalf. When compensation comes through for these types of claims, the compensation would usually stay in a trust for the child until they reach adulthood. However, if the child needs to have medical treatment paid for, for example, the litigation friend could apply to the court to release funds.
Can I claim if I have a pre existing injury and I’m physically assaulted?
Are you considering making an injury claim because you were assaulted either at work or in a public place but already have a pre-existing injury? If so, we could assess your case to see if you could have a potential claim. When you make a claim for being assaulted, you would claim for the exacerbation or acceleration of your previous injury or a new injury that you had suffered because of the assault. There are various entities which you could claim against. In some cases, you might be able to claim against an employer if they have failed to protect you from the risk of being assaulted at work. In other cases you may be able to make a claim through the Criminal Injuries Compensation Authority. It may be worth bearing in mind that you would have a shorter time within which to claim if you were making a claim through the CICA so please do get in touch with us as soon as possible if you believe you could have a case.
Can I claim if I have a pre existing injury and I already made a claim for it?
If you have already made a compensation claim for an injury that happened in an accident that wasn’t your fault, you might be wondering whether you could make another claim if somebody’s negligence or dangerous behaviour exacerbated that injury. This could be a complex case to deal with, and you may require a personal injury solicitor’s expertise to help you. We could provide you with a specialist solicitor, authorised and regulated by the Solicitors Regulation Authority to help you with your claim.
Useful Links Relating To A Pre-Existing Injury Claim To Help Answer ‘Can I Claim If I Have A Pre-existing Injury?’
By following the link below, you will find NHS published information on whiplash injuries:
By following the link below, you will find HSE guidance on reportable occupational diseases:
By following the link below, you will find a link to the Occupiers’ Liability Act 1957, which outlines the duty of care owed to you by those in control of public spaces:
Below, you’ll find our guide to claiming for a sprained ankle injury:
Visit our guide below for information on claiming as a passenger in an RTA:
Our guide at the link below will tell you all you need to know about claiming for an accident in a shop:
Thank you for reading our guide on making a pre-existing injury claim. We hope to have answered the question, “can I claim if I have a pre-existing injury?”.