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How Do Pre-Existing Conditions Impact Personal Injury Claims?

In Illinois, personal injury matters become even more complicated when pre-existing conditions are involved in an accident victim’s injury claim. This nuanced detail needs to be carefully considered, especially when seeking compensation for your injuries. Under the “eggshell plaintiff” rule, every individual is entitled to seek compensation for injuries that occurred due to someone’s negligence, even if the victim has a pre-existing condition. With an experienced attorney at your side, understanding the impact of pre-conditions on your case is possible, equipping you with the knowledge to advocate for the compensation you rightfully deserve. The Horwitz Law Group understands the gravity of this situation deeply and is prepared to help you in your time of need.

Understanding the Impact of Pre-Existing Conditions

What Is a Pre-Existing Condition?

In the context of personal injury claims, pre-existing conditions refer to any health issues that were present before the accident. These conditions are significant because they can influence how a claim is evaluated.

Insurance Companies and Pre-Existing Conditions

It’s no secret that insurance companies meticulously examine claims to minimize their financial liability. A common strategy involves attributing your current injuries to your past medical history rather than the accident itself. This approach often complicates the claims process, emphasizing the need for legal representation.

Your Legal Rights and a Winning Strategy

Despite the challenges, having a pre-existing condition does not bar you from obtaining justice and compensation. The principle of taking your victim as you find them ensures that the exacerbation of pre-existing conditions due to an accident is compensable under Illinois law.

Navigating Your Claim with Pre-Existing Conditions

  1. Be upfront about your medical history. Concealing information can harm your claim and reduce your chances of a successful outcome.
  2. It is critical to distinguish between injuries caused by the accident and symptoms of pre-existing conditions. This is where medical records and expert testimonies become invaluable.
  3. The complexities surrounding pre-existing conditions and personal injury claims necessitate professional legal counsel. Our attorneys can build a compelling case that accurately reflects the impact of your pre-existing conditions.
  4. It is essential to maintain detailed records of your treatments before and after the accident. This documentation serves as concrete evidence of how the incident exacerbated your condition.

Choose The Horwitz Law Group

Navigating the complexities of personal injury claims with pre-existing conditions demands not just legal knowledge but a passionate dedication to the cause of justice. The Horwitz Law Group stands as a beacon of hope and strength for those ensnared in the aftermath of an accident.

If you find yourself grappling with the impact of an accident on your pre-existing condition, remember you are not alone. Contact our firm today and take the first step towards healing and justice.



Case Results


for a motor vehicle wrongful death case.


for a 75-year-old woman who suffered an above the knee amputation due to being run over by a private school bus.


for a young lady who was run over by a private waste hauling company while crossing the street.


for a trucking accident resulting in the death of the driver.


for a 70 year old man who died, without any living relatives, seven months after being hit by a car while crossing the street.


for a client whose family was killed by a street sweeper that ran a red light.


for a client injured in a 2005 Metra train derailment case.


for a minor rear-ended on an expressway in Kankakee.


for a premises liability accident resulting in below the knee amputation.


for a woman who was hit by a car while crossing the street.


for a client who was injured on the CTA red line train.


for a bicyclist hit by a car.


for a passenger injured in a rideshare rollover accident.


for a rideshare accident injury.


for a low-speed rear-end accident.


for injuries in a van accident pulling a trailer.


for a minor injured in a ride-share accident.


for a pedestrian injured due to a sidewalk defect.


for a passenger injured in a rideshare rollover accident.


for a driver injured in an auto accident.


for injuries from a right-turning truck.


for a family injured in an auto accident.


for a law enforcement officer rear-ended by a truck.


for a motorcyclist rear-ended.


for an individual injured by a dog.


for a bicyclist hit by a car while crossing the street.


for a driver rear-ended on the expressway.


for a client who had lawyers at another law firm trying to settle the accident case for only $60,000.

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