One of the most common insurance company tactics is claiming your injuries existed before the accident or aren’t related to it. This defense is especially effective against victims with pre-existing conditions or prior injuries. Understanding how to establish medical causation is critical to protecting your claim. A Northbrook personal injury attorney can help gather the evidence needed to prove the accident caused your injuries.
What Is Medical Causation?
Medical causation connects the accident to your injuries. You must demonstrate that the collision, fall, or other incident was the direct cause of the harm you suffered. This requires more than just timing. You need medical evidence establishing that the accident produced or significantly worsened your condition.
Distinguishing New Injuries from Aggravations
Not all injuries are entirely new. Sometimes an accident aggravates a pre-existing condition, making it significantly worse. Illinois law allows you to recover for the aggravation of pre-existing conditions as long as you can prove the accident worsened your condition beyond its previous state.
The key is documenting your baseline condition before the accident. Medical records showing a stable, well-managed back problem, for example, help prove that the accident caused it to become debilitating. Gaps in treatment before the accident can actually help your case by showing you weren’t having problems before the incident.
The Eggshell Plaintiff Rule
Illinois follows the “eggshell plaintiff” rule, also known as the “eggshell skull” rule, which holds defendants responsible for all injuries they cause, even if the victim was unusually susceptible to harm. If you have thin bones, a prior injury, or another condition that makes you more vulnerable, the at-fault party cannot use that as a defense.
You take your victim as you find them. If a minor fender-bender causes severe injuries because of a pre-existing spinal condition, the negligent driver is still liable for the full extent of your damages.
The Role of Expert Medical Testimony
Medical experts play a crucial role in establishing causation. Your treating physicians can explain how the accident caused or worsened your injuries. In complex cases, independent medical experts may provide opinions based on reviewing your complete medical history, accident details, and examination findings.
Expert testimony carries significant weight because it comes from professionals qualified to render medical opinions. Insurance companies often hire their own experts to dispute causation, making it essential to have strong expert support for your position.
Building Your Causation Evidence
Several types of evidence help establish medical causation. Seek treatment immediately after the accident to create a documented connection between the incident and your injuries. Be thorough when describing symptoms to healthcare providers, including any changes from your baseline condition. Obtain records from all prior treatment related to the injured body part. Follow all treatment recommendations to avoid gaps that insurers could exploit.
Protect Your Right to Compensation
Don’t let insurance companies deny your claim by blaming pre-existing conditions. At Stein & Shulman, LLC, we have over 60 years of combined experience fighting for injury victims. Contact us for a free consultation to discuss how we can help prove your case.
