Can a Pre-Existing Injury Derail Your Personal Injury Case?
Coping with the complexities and stress of an accident can be confusing enough but do you know if a pre-existing injury is going to undermine your best-laid efforts to get the best compensation?
As your lawyer, my personal injury firm is dedicated to helping you make it through these challenges successfully.
Today we are putting the spotlight on the implications of pre-existing injuries in a current accident event.
Pre-Existing Injuries
A pre-existing injury is a health condition that you had before your current accident. Common examples include:
Back injuries
Arthritis
Previously healed fractures
Sprains
Stitched wounds
When you file a personal injury claim, in order to reduce their liability and costs, the opposing party might try to argue that your current pain and suffering are only due to a pre-existing condition, not the current event or new injuries.
Proving Aggravation of Pre-Existing Injuries
It is necessary to prove that the accident aggravated your pre-existing injuries in order to successfully claim compensation.
This will involve providing clear and compelling evidence that your condition worsened due to the accident and this is where medical records will save the day.
Detailed documentation from your healthcare providers, outlining your health before and after the incident, is essential.
The “Eggshell Plaintiff” Doctrine
In personal injury law, the "eggshell plaintiff" doctrine is a principle that can work in your favor.
This doctrine states that the person responsible (the defendant) is held accountable for the injured person's (the plaintiff) condition, even if a pre-existing issue was aggravated by the accident. This means the defendant is liable for the full range of injuries, not just those caused directly by their actions.
In summary, you shouldn’t be penalized for having a pre-existing condition.
Insurance Companies and Pre-Existing Injuries
Insurance companies scrutinize claims involving pre-existing injuries to dodge payouts. They may request extensive medical history to argue that your injuries were not significantly impacted by the accident.
This is where your experienced personal injury lawyer becomes invaluable, fighting against the insurance company and unfair use of your medical history against you.
Steps to Strengthen Your Case
Documents are King - Thorough documentation is your best defense against claims that your injuries are solely due to pre-existing conditions. Keep detailed records of all medical treatments, doctor visits, and any changes in your condition post-accident.
Be Honest - Be honest when discussing your medical history with your lawyer. Full disclosure ensures that your lawyer is well-prepared to counter any arguments that might be raised.
Get Immediate Medical Attention - After an accident, get immediate medical attention, even if your injuries seem minor. This establishes a clear timeline of when your condition worsened, providing vital evidence for your case.
Contact Your Personal Injury Firm - Your lawyer will help gather evidence, negotiate with tricky insurance companies, and give you world-class representation in court.
Benefit from my personal injury firm’s legal guidance. Call us today!
