Do Pre-Existing Conditions Affect a Personal Injury Claim?

Q 2 : Do Pre-Existing Conditions Affect a Personal Injury Claim?

Yes, pre-existing conditions can affect a personal injury claim, but they do not necessarily prevent you from receiving compensation. Understanding how pre-existing conditions are handled in personal injury cases is crucial for building a strong claim. Here are the key points to consider:

Understanding Pre-Existing Conditions

• Definition: A pre-existing condition is any medical condition or injury that existed before the accident in question. Common examples include chronic illnesses, previous injuries, or ongoing medical treatments.
• Relevance to Your Case: The existence of a pre-existing condition doesn’t disqualify you from receiving compensation. Instead, the focus will be on how the accident aggravated or worsened your existing condition.

Legal Principles

• Eggshell Plaintiff Rule: This legal doctrine states that defendants must “take their victims as they find them.” This means that if your condition was made worse by the accident, the responsible party can still be held liable for the exacerbation of your condition.
• Aggravation of Conditions: If the accident has aggravated your pre-existing condition, you can claim compensation for the increased pain, suffering, and medical expenses resulting from the exacerbation.
  Proving Aggravation of Pre-Existing Conditions
• Medical Records: Detailed medical records are crucial. They provide a baseline of your health before the accident and document the changes or worsening of your condition post-accident.
• Medical Testimony: Expert testimony from medical professionals can help establish the link between the accident and the aggravation of your pre-existing condition. These experts can explain how the accident impacted your health.
• Consistent Treatment: Continuous medical treatment and following your doctor’s recommendations strengthen your claim by showing that you are actively managing your condition and the impact of the accident.

Challenges and How We Overcome Them

• Insurance Company Tactics: Insurance companies may argue that your injuries are solely due to pre-existing conditions rather than the accident. Our experienced attorneys are skilled at countering these arguments with solid evidence and expert testimony.
• Causation and Liability: Proving that the accident exacerbated your condition requires a thorough understanding of both medical and legal aspects. We work closely with medical experts to build a compelling case demonstrating causation and the extent of aggravation.