When pursuing a personal injury claim, the presence of pre-existing conditions can significantly impact the process and the outcome. Understanding how these conditions affect your claim is crucial to receiving fair compensation. Here’s what you need to know.
What Are Pre-Existing Conditions?
Pre-existing conditions refer to any medical issues or injuries you had before the accident in question. These can range from chronic illnesses like diabetes or arthritis to previous injuries such as a bad back or a healed broken bone.
How Do Pre-Existing Conditions Affect Your Claim?
- Causation and Liability Insurance companies and defense attorneys often scrutinize pre-existing conditions to argue that your current injuries are unrelated to the accident. They may claim that your pain and suffering are due to your pre-existing condition rather than the incident. Establishing a clear link between the accident and your current injuries is essential for a successful claim.
- Aggravation of Pre-Existing ConditionsEven if you had a pre-existing condition if the accident aggravated or worsened it, you are still entitled to compensation. The key is to prove that the accident caused a significant change or exacerbation in your condition. Medical documentation and expert testimony can help establish this connection.
- Apportionment of DamagesIn some cases, damages may be apportioned between your pre-existing condition and the new injuries caused by the accident. This means your compensation may be reduced based on the extent to which your condition was pre-existing. A thorough medical evaluation and clear documentation can help minimize the impact of apportionment on your claim.
Steps to Strengthen Your Claim
- Full Disclosure of Medical History: Honesty is crucial. Disclose your complete medical history, including all pre-existing conditions, to your attorney. This transparency allows your lawyer to build a robust case and anticipate potential arguments from the defense.
- Detailed Medical Records: Obtain comprehensive medical records that document your health before and after the accident. These records should include information on the nature and extent of your pre-existing condition and any changes following the incident.
- Seek Prompt Medical Attention: After an accident, seek immediate medical attention, even if you believe your injuries are minor. Early medical intervention not only ensures your health and well-being but also creates a documented timeline of your injuries, which is vital for your claim.
- Consult Medical Experts: Engage medical experts who can provide testimony on how the accident impacted your pre-existing condition. Their expertise can clarify the extent of aggravation and help establish a direct link between the accident and your current health status.
- Document Changes and Symptoms: Keep a detailed journal of your symptoms, pain levels, and any changes in your condition following the accident. This personal documentation can support your claim by providing a firsthand account of how the accident has affected your daily life and well-being.
Legal Considerations
- Eggshell Plaintiff Doctrine: The “eggshell plaintiff” doctrine is a legal principle that states the defendant must take the plaintiff as they find them. This means that if you had a pre-existing condition, the defendant is still liable for any additional harm caused by the accident, even if a healthier person might not have been as severely affected.
- The burden of Proof: The burden of proof in a personal injury claim lies with the plaintiff. You must demonstrate that the accident caused new injuries or exacerbated your pre-existing condition. Clear and convincing evidence is essential to meet this burden.
Pre-existing conditions can complicate personal injury claims, but they do not preclude you from receiving compensation. By fully disclosing your medical history, documenting changes in your condition, and seeking expert testimony, you can strengthen your claim and increase your chances of a favorable outcome. Always consult with an experienced personal injury lawyer who can navigate the complexities of your case and advocate for your rights.
