How Pre-Existing Conditions Affect Personal Injury Claims
Navigating a personal injury claim can be challenging, especially if you have pre-existing medical conditions. These conditions often complicate the legal landscape, requiring careful consideration and strategy to ensure a fair outcome. This blog explores how pre-existing conditions can impact personal injury claims and offers guidance on handling these complexities.
Understanding Pre-Existing Conditions
A pre-existing condition is any health issue that existed before the incident that caused your current injury. These can range from chronic illnesses like diabetes and heart disease to previous injuries and surgeries. In the context of personal injury claims, these conditions are significant because they can influence how your new injury is perceived and handled legally.
The “Eggshell Plaintiff” Doctrine
One fundamental legal principle relevant to pre-existing conditions is the "eggshell plaintiff" doctrine. This rule states that defendants must take plaintiffs "as they find them," meaning they are liable for all damages caused, even if the plaintiff has a pre-existing condition that makes them more susceptible to injury.
Full Liability: Defendants cannot avoid responsibility simply because the plaintiff was more vulnerable to injury due to a pre-existing condition.
Aggravation Consideration: If the accident aggravated a pre-existing condition, the defendant is typically responsible for worsening the condition.
Challenges Posed by Pre-Existing Conditions
Proving Causation and Aggravation
One of the primary challenges in cases involving pre-existing conditions is proving that the accident either caused a new injury or aggravated an existing condition.
Medical Documentation: Comprehensive medical records are essential. They must detail the state of the condition before and after the accident.
Expert Testimony: Medical experts can be crucial in establishing that the accident worsened the pre-existing condition.
Defense Tactics
Defendants and their insurance companies often use pre-existing conditions to minimize their liability.
Mitigation of Damages: They may argue that the injuries were inevitable due to your pre-existing condition, regardless of the accident.
Comparative Negligence: Some jurisdictions allow for the reduction of compensation if the pre-existing condition contributed to the severity of the injury.
Strategies to Strengthen Your Personal Injury Claim
The New Haven injury attorneys at Weber & Rubano reccomend taking the following steps to strengthen your personal injury claim with a pre-existing injury:
Full Disclosure to Your Attorney
Be completely upfront with your attorney about any pre-existing conditions. Hiding information can harm your credibility and weaken your case.
Complete Medical History: Provide a thorough account of your medical history to help your attorney build a strong case.
Honesty: Transparency with your legal team enables them to formulate the best strategy.
Obtain Detailed Medical Records
Accurate and detailed medical documentation before and after the incident is crucial.
Pre-Accident Records: These should show the state and severity of your condition before the incident.
Post-Accident Records: These records should clearly outline any aggravation or new injuries resulting from the accident.
Utilize Medical Experts
Medical expert testimony can significantly bolster your case by providing an authoritative opinion on the impact of the accident on your pre-existing condition.
Expert Analysis: Engage medical experts who can objectively assess and explain the connection between the accident and the aggravation of your condition.
Clear Attribution: Ensure that the expert can clearly attribute the worsening of your condition to the accident.
Demonstrate Impact on Daily Life
Illustrating how the accident has affected your daily activities and quality of life can be a powerful element of your claim.
Personal Testimony: Your own account of how the injury has impacted your life can be compelling.
Witness Statements: Statements from family, friends, and colleagues can provide additional support.
While pre-existing conditions can complicate personal injury claims, they do not preclude you from seeking fair compensation. By understanding the legal nuances and employing a strategic approach, you can effectively address the challenges these conditions present. Working closely with an experienced personal injury attorney and leveraging detailed medical evidence will significantly enhance your chances of a successful claim.