When people with a pre-existing condition are severely injured in an accident, such as a Connecticut Car Accident, they may wonder if their pre-existing condition that is an obstacle for health care coverage will also be a problem in a personal injury claim.
Our Connecticut accident injury lawyers recently filed a lawsuit stemming from a rear-end impact that caused our client a serious back injury. Her back had previously been injured in another accident, but she had fully recovered at the time she was rear-ended.
The Health Insurance Portability and Accountability Act (HIPPA) defines a “pre-existing” condition as “any medical condition that a person has before being enrolled in an insurance plan.” There are an infinite number of pre-existing conditions which may be aggravated as a result of a severe or traumatic injury, such as arthritis, fibromyalgia (or chronic pain), pregnancy, diabetes, obesity and depression.
Under Connecticut law, a person who has pre-existing condition aggravated by severe personal injury is still entitled to full compensation. Simply put, the plaintiff rule says that a person who causes injury to another “takes the victim in the condition he/she finds him.” In other words, a negligent person is responsible for all injuries they caused, whether an injury already existed or not.
Even though our client was previously injured, the at-fault driver is responsible for aggravating a pre-existing condition. The key is the contrast between life before and after the accident. If you didn't hurt before the accident and you hurt after, that's the only thing that should matter.
If you've aggravated an existing injury in a traffic accident, don't be fooled by insurance adjusters who say you can't be compensated. Contact one of the injury attorneys at the Law Offices of McCoy and McCoy for a free consultation at 1-800-4-INJURY.
We represent Connecticut personal injury clients from Hartford County (Bristol, Granby, Glastonbury, Farmington, New Britain, Newington, Southington, Windsor); New Haven County (Ansonia, Branford, Guilford, Madison, Meriden, Milford, Wallingford); Middlesex County (Middletown, Chester, Durham, Essex, Old Saybrook, Portland, Westbrook); Tolland County (Bolton, Columbia, Coventry, Ellington, Hebron, Rockville, Storrs, Mansfield, Vernon); Windham County (Willimantic, Putnam, Canterbury, Danielson, Killingly, Thompson, Woodstock) and New London County (New London, Groton, Waterford, Norwich, Colchester, East Lyme, Niantic, Ledyard, Montville, Pawtucket, Salem, North Stonington).