If you have been injured in South Carolina and filed an insurance claim, you expect the insurance company to pay. But sometimes the insurer may want to point out that you were already injured and that your injuries were old.
However, just because an insurance adjuster labels your injury as pre-existing doesn’t mean your case is over. So, what if the insurance company says your injury was pre-existing? Here is what you need to know about protecting your rights under the law.
What Is a Pre-Existing Injury?
A pre-existing injury is a condition or injury you already had before the accident or incident that caused your current claim. Some of these could include:
- Old fractures or broken bones
- Back or neck problems
- Knee injuries or arthritis
- Chronic conditions that were aggravated
Unfortunately, insurance companies use the term as a defense to reduce or deny payments. They argue that your current injury is not their responsibility because it existed beforehand. Keep in mind that pre-existing conditions do not automatically eliminate liability.
How South Carolina Handles Pre-Existing Conditions
South Carolina uses a modified comparative negligence system in personal injury cases. When it comes to insurance claims, the factor that matters most is aggravation of a pre-existing condition.
That means if your accident worsened a prior injury, the insurance company is still responsible for the damages caused by the new accident, even if part of your pain or disability existed before.
Sometimes, this is called the eggshell plaintiff rule. With that, the law recognizes that some people are more vulnerable to injury than others. You cannot be penalized because you had a prior condition that made your injuries worse.
In other words, South Carolina law allows you to recover damages for the additional harm caused by the accident, even if your injury was not new.
Why Insurance Companies Bring Up Pre-Existing Injuries
Insurance adjusters are trained to minimize payouts. There are several reasons why a pre-existing injury may reduce your claim. Insurance companies may:
- Lower the settlement amounts: They argue that only a portion of your damages is related to the new incident.
- Deny the claim outright: If they can convince you or the medical records suggest prior issues, they may refuse to pay.
- Buy time: Some claims take longer to evaluate if pre-existing conditions are involved.
Many times, this is used as a negotiation tactic. And you need an experienced South Carolina personal injury lawyer to counter that.
Protecting Your Claim in South Carolina
If an insurance company claims your injury was pre-existing, there are steps you can take to protect yourself:
Have Medical Records and Documentation
Medical documentation is your strongest piece of evidence. You will want to have:
- Records of prior treatments
- Imaging, such as X-rays, MRIs, or CT scans
- Physician notes showing your condition before and after the accident
This helps show that the new incident caused the specific aggravation.
Document the Accident
Along with medical records, detailed accounts of the incident can strengthen your claim. These can include:
- Police reports
- Witness statements
- Photos of the scene or your injuries
- Notes about when and how symptoms appeared
With this documentation, you can establish a clear link between the accident and your current injury.
Work with Medical Experts
Sometimes, your injury needs professional interpretation. Medical experts can testify about:
- How the accident worsened a pre-existing condition
- The projected long-term impact of the aggravation
- Treatment plans and associated costs
An expert voice can make a big difference when the insurance company disputes your claim.
Don’t Accept Early Offers
Insurance companies may offer a quick settlement to close the claim before the full extent of your injury is understood. If pre-existing injuries are in play, don’t rush.
When you settle too soon, you could leave money on the table for medical bills, lost wages, and pain and suffering.
Protect Your Rights with Experienced South Carolina Attorneys
What if the insurance company says your injury was pre-existing? If an insurance company is disputing your injury or claiming it was pre-existing, Truslow & Truslow PA is ready to help. We can help you find the right strategy for your case.
A pre-existing condition doesn’t have to stop you from getting the help and recovery you need. Schedule a consultation today.