When you suffer an injury due to someone else’s negligence, you have the right to seek compensation for your damages. However, if you have a pre-existing condition, you might wonder how it could impact your personal injury claim. Pre-existing conditions are medical issues or injuries that existed before the incident that caused your current injury. Below, we’ll explore how pre-existing conditions can influence your personal injury claim and what you can do to protect your rights.
What Are Pre-Existing Conditions?
A pre-existing condition is any health issue that was present before the accident or injury for which you are seeking compensation. Common examples include:
- Chronic illnesses such as diabetes or arthritis
- Previous injuries like back or neck problems
- Conditions requiring ongoing treatment, such as asthma or heart disease
These conditions can complicate your personal injury claim because the opposing party’s insurance company might argue that your current injury is a result of your health condition rather than the accident.
The Eggshell Plaintiff Doctrine
One important legal principle that protects plaintiffs with pre-existing conditions is the “eggshell plaintiff” doctrine. This doctrine states that the defendant must take the plaintiff as they find them. In other words, if you have a condition that makes you more susceptible to injury, the defendant is still fully liable for the harm they caused, even if the injury is more severe because of your condition.
For example, suppose you have a pre-existing back problem and are involved in a car accident that worsens your back injury. In that case, the defendant is responsible for the full extent of your injuries, not just the portion that a healthier person might have experienced.
Proving Aggravation of a Pre-Existing Condition
To succeed in a personal injury claim involving a pre-existing condition, you must demonstrate that the accident aggravated your condition to pursue full damages. This requires clear and convincing evidence, including:
- Medical Records: Your medical history will play a crucial role in establishing the state of your health and how the accident worsened it. Detailed medical records, including diagnostic tests, treatment plans, and doctor’s notes, are essential.
- Expert Testimony: Medical experts can provide critical testimony to distinguish between your pre-existing condition and the new injuries caused by the accident. They can explain how the accident specifically aggravated your condition.
- Comparative Analysis: A comparison of your health before and after the accident can help establish the aggravation. Documentation showing changes in your symptoms, limitations, and required treatments will support your claim.
Challenges Posed by Insurance Companies
Insurance companies are in the business of minimizing payouts, and they often use pre-existing conditions as a strategy to reduce the amount they have to pay. Common tactics include:
- Disputing the Cause: Insurers may argue that your injuries are solely due to your pre-existing condition and not the accident.
- Downplaying Aggravation: They might acknowledge the accident but claim it only had a minimal impact on your condition.
- Requesting Extensive Documentation: Insurers may ask for comprehensive medical records to find any evidence that can be used against you.
Strategies to Strengthen Your Claim
To counter these challenges and strengthen your injury claim, consider the following strategies:
- Be Honest About Your Condition: Always be transparent about your health with your attorney and medical providers. Hiding information can harm your credibility and weaken your case.
- Seek Immediate Medical Attention: After an accident, get medical treatment right away. Prompt medical attention can help document the aggravation of your injuries.
- Follow Your Doctor’s Advice: Adhere to your treatment plan and attend all follow-up appointments. Consistent medical care demonstrates the seriousness of your injury and your commitment to recovery.
- Document Everything: Keep detailed records of your medical treatments, symptoms, and any changes in your condition. This documentation can be valuable evidence in your case.
- Hire an Experienced Personal Injury Attorney: A good attorney with experience in handling cases involving pre-existing conditions can navigate the complexities of your claim, negotiate with insurance companies, and advocate for your rights.
Real-World Examples
To illustrate how pre-existing conditions can impact personal injury claims, let’s look at a few real-world examples:
Example 1: Pre-Existing Back Injury
John had a history of lower back problems due to a workplace injury years ago. He managed his condition with physical therapy and occasional pain medication. One day, John was rear-ended in a car accident, and his back pain significantly worsened. The insurance company argued that John’s pain was solely due to his pre-existing condition. However, John’s attorney provided medical records and expert testimony showing that the accident exacerbated his back injury, leading to increased pain and additional treatments. John successfully recovered compensation for his aggravated condition.
Example 2: Asthma Aggravation
Maria had been diagnosed with asthma as a child and had it well-controlled with medication. She was exposed to toxic fumes at her workplace, which triggered severe asthma attacks requiring hospitalization. Her employer’s insurance company tried to claim that her asthma was a pre-existing condition and not their responsibility. However, Maria’s lawyer demonstrated that the exposure to toxic fumes directly caused the aggravation of her asthma, resulting in substantial medical bills and lost wages. Maria was awarded compensation for her worsened condition.
Learn Whether Your Pre-Existing Condition Could Impact Your Claim
Having a chronic health issue does not disqualify you from seeking compensation for a new injury. However, it does add complexity to your personal injury claim. By understanding the legal principles, gathering strong evidence, and working with an experienced attorney, you can effectively navigate these challenges and pursue the compensation you deserve.
If you have a pre-existing condition and have been injured due to someone else’s negligence, contact Rimland Law today. Our experienced personal injury attorneys can help you understand your rights, build a strong case, and fight for the compensation you need to recover and move forward with your life.