Old injury aggravated?

[Kathy.r]

How does it play out when an accident causes an old injury to flare up?
ie-10 years ago a scan showed a tear in shoulder cartilage after an injury,was painful at the time and 2/3years after.
then no problems with it and no mention on medical notes or visits to gp about it.
then a recent accident caused it to shred and it needed surgery on it because of this accident.
Does the insurance company say the injury was always there and was going to give at some stage?

[atticus]

Your latest accident has caused you to suffer harm. The question is the extent, but there is the 'eggshell skull' rule - I am not an expert, so google it.

You should consult a specialist solicitor. Find a reputable firm that offers 'no win no fee': you will get a realistic assessment of your chances.


EDIT - I see from your other thread that you have engaged a solicitor.

[Kathy.r]

Does the eggshell rule be used in the uk and is it only if the case goes the court that it comes into play?

[atticus]

Q1. yes.

Q2. As I understand it, the court applies that principle.

[Kathy.r]

How does it work when negotiations are happening before court?ie-whee wen reports are shared?
is the eggshell rule used or even better adjective about?