North Carolina Pre-Existing Condition Personal Injury Checklist
Pre-existing conditions in North Carolina Personal Injury cases do not bar recovery if the accident made your condition worse. If you have been injured due to the negligence of another and have a pre-existing condition, our checklist can help determine if your injury still supports a personal injury claim.
Learn more about how accident injuries develop over time on our Delayed Symptoms After a Car Accident page.
North Carolina Personal Injury Law
Anyone who is injured due to the negligence of another through no fault of their own can potentially have a personal injury case in North Carolina.
Negligence is the key to recovery.
Negligence is a failure to perform a duty owed that results in injury to another (duty owed, breach of duty, cause of injury, and damages).
If a property owner fails to put down a wet floor sign when the floor is wet and a lawful visitor slips and falls, injuring their knee, negligence has occurred because the property owner owes a duty to inform visitors of hidden danger, and a failure to perform that duty directly resulted in injury to the victim.
However, North Carolina is a contributory negligence state, meaning that if the injured person is even 1% at fault, they may not recover in a personal injury case (but see the Last Clear Chance Doctrine and gross negligence).
For example, if two drivers are involved in a car accident and both were speeding, it may be difficult for the injured party to recover damages, as they contributed to their own injury.
Also, using the example above, if the property owner posts "wet floor" signs and the visitor ignores them and slips, injuring their knee, they generally will not be able to recover due to their own contributory negligence.
Though work injuries are usually governed under North Carolina Workers’ Compensation (no-fault system), there are specific circumstances under which you can have a personal injury case for injuries you sustained on the job.
For example, if you are a delivery driver and get into a car accident while performing your job duties (through no fault of your own), you may be eligible for Worker’s Compensation through your employer and may also be entitled to compensation through a personal injury claim against the at-fault driver.
North Carolina's Egg-Shell Plaintiff Rule
Can an at-fault party complain about the pre-existing health condition of the person they injure?
No. In North Carolina, a Defendant must take the Plaintiff (injured party) as they find them, so if a victim is in frail health and suffers more severe injuries than an average person would, the Defendant still has to cover the damages.
If you were more vulnerable pre-injury, that makes the at-fault party more responsible, not less.
What can a victim be compensated for?
Under NC Personal Injury Law, an accident victim can be compensated for the cost of their medical treatment, lost wages, and pain & suffering.
Punitive damages can also be awarded, but require egregious conduct by the at-fault party (think drunk driving).
To be compensated, a victim needs medical records linking their medical condition to the at-fault parties' negligence.
An additional layer of complexity is added to a personal injury case when a victim has a pre-existing injury or condition.
Pre-Existing Conditions and North Carolina Personal Injury
Many at-fault parties’ insurance adjusters will deny claims based on pre-existing conditions, even those that have nothing to do with your current injury.
As is well known, at-fault insurance companies make every effort to minimize or deny an injury claim and will spend much of their time reviewing your medical records to identify pre-existing conditions so they can deny you.
If you have a pre-existing injury, the adjuster can claim that you did not sustain an injury because of the at-fault party's negligence. But is this true?
Do Pre-Existing Conditions Bar Recovery in North Carolina Personal Injury?
No. Contrary to what an insurance adjuster’s denial may say, simply having a pre-existing condition does not stop you from recovering on your NC Personal Injury claim.
You will, however, need evidence proving that the at-fault party's negligence aggravated your existing condition.
Pre- and Post-Injury Medical Evidence is imperative
Medical records must demonstrate that your symptoms have worsened since the pre-accident period.
Stronger symptoms are being reported, stronger medical treatments or medications are being required, and greater effects on your daily life are essential to proving exacerbation.
If your medical records do not show this increase in intensity, or if you choose not to get medical treatment, you will have a hard time overcoming an adjuster's nay-saying.
While medical treatment is essential in all North Carolina Personal Injury claims, it is of the utmost importance in cases involving aggravation of a pre-existing condition.
Your doctor’s opinion regarding what caused your injury is persuasive evidence that your injury occurred as a result of the accident.
It is not far-fetched by any stretch of the imagination that a serious injury can cause aggravation of an existing condition, especially as we age.
You should be compensated if the defendant's negligence caused an aggravation to your existing condition.
North Carolina Pre-Existing Condition Examples
For example, say you have been diagnosed with degenerative disc disease of the lumbar (low back) spine, as one-third of people aged 40-59 have been, and are subsequently involved in a car accident in which you fracture three lumbar vertebrae.
You would likely be compensated for your damages related to the fracture of your lumbar vertebrae, even if the extent of your injury is more severe than that of someone without degenerative disc disease.
However, if your doctor cannot determine that the accident did, in fact, cause or aggravate your injury, it is unlikely you will be able to prove your case.
In North Carolina, the defendant's negligence must be the actual and proximate cause of your injury.
As an example, say you have broken your left arm while working in your yard, and subsequently slip and fall in a grocery store, during which you break your right arm.
You would be able to recover your damages related to the fracture of your right arm, but you would not be able to recover any compensation for any medical treatment related to your left arm because the defendant's negligence was not the cause of your left arm injury.
The Bishop Law Firm can help with your Pre-existing Conditions In NC Personal Injury Cases. We represent injured clients in Raleigh, Cary, Durham, Fayetteville, Louisburg, Smithfield, Chapel Hill, Roanoke Rapids, Rocky Mount, Wilson, and other areas in North Carolina. Call us today for a free case review, (919) 615-3095, or start online now.
