Accidents can cause new injuries. In some cases, they make an existing condition worse.
In Kentucky, it is possible to seek compensation if someone else’s actions aggravated a pre-existing injury. Here are the key points to remember.
The eggshell skull rule
Under Kentucky law, the person at fault must take the injured party as they are. This is known as the “eggshell skull rule.” It means the responsible party can be held liable even when the injured person was more vulnerable due to a prior condition.
For example, a person with a prior knee injury may suffer more serious harm in a car crash than someone without that condition. The person who caused the crash may still be responsible for the added harm.
Evidence is vital
To support a claim involving a worsened injury, clear evidence is essential. Medical records from before and after the incident can help show how the condition changed. A healthcare provider may also need to explain how the accident caused the injury to worsen.
The injured person must show that the other party’s negligence directly led to the increased damage. Without strong documentation, it may be difficult to prove this connection.
Compensation in these cases does not cover the original injury. It focuses on how much worse the condition became after the accident. This may include added pain, longer recovery or new medical expenses.
The law allows recovery for the added impact on a person’s life, even when the injury existed beforehand. Each situation depends on the details, especially the medical evidence and the extent of the aggravation. Seeking legal guidance will help you form the strongest possible case.