If you suffered an injury in an accident but already had a medical condition, you may worry that your earlier health problems will prevent you from recovering compensation. Many people in Illinois share this concern. However, a prior injury or illness does not automatically stop you from filing a claim. Knowing how Illinois law treats earlier medical conditions can make your options clearer.
How Illinois law protects people with pre-existing conditions
Many people hesitate to file a claim because they think insurance companies will blame all of their pain on an earlier injury. You may have lived with back pain from a previous job or managed arthritis for years. If a car crash or slip and fall makes those problems worse, you may wonder if you can still recover compensation.
Insurance companies may argue that your current pain comes from your earlier medical condition instead of the accident. That claim often makes people question whether they have a valid case.
Under Illinois law, a defendant is liable for the aggravation of a pre-existing condition caused by their negligence, as well as for entirely new injuries resulting from the accident. The plaintiff must prove that the defendant’s negligence was a proximate cause of the increased symptoms or damage.
Understanding the “Eggshell Plaintiff Rule”
Illinois follows the eggshell plaintiff rule. This rule protects people who already have adverse medical conditions. It means the person who caused the accident must take you as they find you.
For example, a person with brittle bones may break a leg in a fall that would not have injured someone with healthy bones. Even so, the negligent party may still be responsible for the full injury. Under Illinois law, a jury cannot reduce or deny damages just because a pre-existing condition made the person more likely to get hurt. The same rule applies to physical injuries, chronic illnesses and psychological conditions.
Proving the accident made your injuries worse
To succeed in your claim, you must show that the accident made your injuries worse. You need to show such things as new symptoms, increased pain or reduced mobility after the incident.
Medical records often provide the strongest proof. Records from before and after the incident show how your condition changed. Your medical providers can explain how the incident made your injuries worse. Imaging studies, pain evaluations and changes in your treatment plan also support your claim.
Building a stronger claim
Build your claim by keeping good records. Follow your treatment plan and track changes in your symptoms. These records create a clearer picture of your injuries. You should also write down how your injuries affect your work, daily activities, and quality of life. These details show how the accident changed your health and support your claim.
Keep in mind that in most cases, Illinois law gives you two years starting from the date you receive an injury to file a lawsuit. Filing to meet this deadline will likely prevent recovery.
Taking steps to strengthen your claim
Your medical history does not take away your right to seek compensation after an accident. Keep detailed records, follow your treatment plan and document changes in your symptoms. These steps strengthen your claim, show the full effect of your injuries, and help you move forward with greater confidence.