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Legally Speaking: Pre-existing conditions and the "Eggshell Plaintiff Rule"

Legally Speaking
Legally Speaking
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If you have a bad back, a prior neck injury or old surgery and then get hurt all over again in an accident - are you out of luck?

That's the question we posed to our experts at Acadia Law Group.

Attorney Ken Denos explained that Utah law says that the insurance company can't point to the prior condition and just walk away.

The at-fault driver takes the victim as they find them.

Ken explained, "What that means in real life is that a prior back injury that was stable and managed for years, then flares up after a rear-end collision? That's compensable. An older person whose bones are more brittle and breaks a hip in a low-speed crash? The driver doesn't get a discount because the victim was 75."

If you do have a prior condition, don't hide it. Tell your doctor and your lawyer everything up front.

Ken says in reality, those with pre-existing conditions claims actually have a higher value because the injuries are likely to be more substantial.

You can call Acadia Legal Group 24/7 at 801-816-2525 or visit acadialawgroup.com for more information.