When pursuing a personal injury claim, understanding how pre-existing conditions factor into the case is crucial. These conditions often complicate the legal process, but they do not necessarily prevent you from securing compensation. By addressing how pre-existing conditions influence personal injury claims and preparing an effective strategy, you can navigate the complexities and seek the justice you deserve.
Understanding Pre-Existing Conditions in Personal Injury Cases
Pre-existing conditions are medical issues or injuries that existed before the incident leading to your claim. Examples include chronic pain, arthritis, prior fractures, or past surgeries. These conditions can affect how new injuries are evaluated and compensated in personal injury claims. While they might add complexity to your insurance claim, they also provide an opportunity to highlight how the accident worsened your physical condition.
Why Pre-Existing Conditions Matter
Insurance companies and courts analyze pre-existing conditions to determine the extent of harm caused by the new incident. The focus is on distinguishing the aggravation of pre-existing conditions or worsening of existing injuries from entirely new injuries. By presenting clear evidence, you can demonstrate how the accident exacerbated your pre-existing condition and secure fair compensation.
How Pre-Existing Conditions Affect Personal Injury Claims
Pre-existing conditions can significantly impact personal injury claims, affecting how liability is determined and how compensation is calculated, particularly when injuries are aggravated by an accident.
The “Eggshell Plaintiff” Rule
The “eggshell plaintiff” rule is a fundamental principle in personal injury law. It dictates that defendants must take plaintiffs as they find them. This means that if your pre-existing condition made you more vulnerable to severe injuries, the defendant can still be held fully accountable for the harm caused by their actions.
Aggravation of Pre-Existing Injuries
An accident can worsen pre-existing injuries. For instance, a car crash might aggravate a pre-existing back problem, leading to increased pain or new complications. Compensation can be sought specifically for the aggravation of previous injuries caused by the incident.
Challenges in Proving Aggravation
Proving that an accident exacerbated a pre-existing condition can be challenging. Plaintiffs need thorough medical records and expert testimony to link the aggravation directly to the incident. This evidence is vital to countering insurance company arguments that the condition existed independently of the accident.
Establishing Causation in Cases Involving Pre-Existing Conditions
Establishing causation in cases with pre-existing conditions requires proving that the accident directly worsened the condition or caused new harm. It is extremely important that you communicate to your doctor that you were in an accident and it has made your symptoms worse.
Differentiating Between Old and New Injuries
Accurate documentation is crucial to differentiate between injuries caused by the accident and those that predated it. Medical records, diagnostic imaging, and treatment history play pivotal roles in establishing this distinction.
Proving Aggravation
Proving that an accident worsened a pre-existing medical condition most often involves demonstrating changes in symptoms, new treatments required, or increased medical expenses. This changes should be reported to your doctor, who will note the increase in symptoms in your medical records. Expert testimony can provide credibility and detail to support your claims.
The Role of Medical Experts
Medical experts are invaluable in cases involving pre-existing conditions. They can explain how the accident impacted your health, quantify the extent of aggravation, and present compelling evidence that connects the incident to your worsened health condition.
Strategies Insurance Companies Use to Deny Claims
Insurance companies often deny claims by arguing one of the following:
Blaming the Pre-Existing Condition
Insurance companies frequently argue that your injuries are solely attributable to a pre-existing condition. Strong evidence and expert opinions are essential to counter this narrative and highlight the new harm caused by the accident.
Disputing the Severity of Aggravation
Insurers may downplay the extent of aggravation or serious injury to reduce compensation. Detailed medical records and consistent treatment can help refute these claims and demonstrate the true impact of the incident.
Using Gaps in Treatment Against You
Delays or inconsistencies in seeking medical care can harm your case. Insurance companies may argue that medical bills with such gaps indicate a lack of seriousness. Prompt and consistent treatment is crucial for building a strong claim.
Maximizing Compensation When Pre-Existing Conditions Are Involved
To maximize compensation when pre-existing conditions are involved, plaintiffs must clearly prove how the accident worsened their condition and its impact on their life.
Documenting Your Medical History
Comprehensive medical records are vital to proving your claim. They provide a baseline for your condition before the accident, making it easier to demonstrate the changes caused by the incident.
Working with Experienced Legal Representation
Navigating personal injury claims involving pre-existing conditions requires skilled legal representation. An experienced personal injury lawyer can gather evidence, consult medical experts, and build a compelling case to maximize your compensation.
Negotiating with Insurance Companies
Insurance companies aim to minimize payouts. Having a knowledgeable attorney by your side ensures that you receive fair compensation for the aggravation of your pre-existing condition and any additional harm caused by the accident.
Examples of Personal Injury Claims with Pre-Existing Conditions
There are many different sustainable injuries that can be affected by new ones, examples include:
Back Injury Aggravation
Consider a plaintiff with a history of back pain aggravated by injuries sustained in a workplace accident. Medical records showed increased symptoms and the need for additional physical therapy. The court awarded compensation for the new treatments and the exacerbation of pain.
Knee Injury Complications
A car accident worsened an individual’s pre-existing knee condition, necessitating surgery. Expert testimony linked the accident to the increased severity of the injury, resulting in a settlement that covered medical expenses and lost wages.
The Importance of Legal Representation in Pre-Existing Condition Cases
Cases involving pre-existing conditions are inherently complex. Lawyers with experience in personal injury law understand the interplay between medical evidence and legal arguments, ensuring that your case is presented effectively.
Protecting Your Rights
Legal representation ensures that your rights are upheld and that you receive fair treatment throughout the claims process. Attorneys can counter insurance company tactics and advocate for the compensation you deserve.
Pre-Existing Conditions in Personal Injury Cases: Trust Renfro & Renfro to Fight for Your Rights
Pre-existing conditions add complexity to personal injury cases, but they don’t have to limit your ability to seek justice. At Renfro & Renfro, we specialize in navigating these challenging cases. Our mission is to provide personalized, effective representation that prioritizes your needs and goals.
Whether you’re dealing with a minor aggravation or a significant worsening of your condition, our team is here to guide you every step of the way to recover compensation now. Contact us today for a consultation, and let us help you secure the compensation you deserve.
