When pursuing a personal injury claim, one of the factors that can complicate the process is the presence of pre-existing conditions. Pre-existing conditions refer to injuries or health issues that existed before the incident in question. While having a pre-existing condition doesn’t necessarily prevent you from recovering damages, it can affect how your case is handled. Understanding how pre-existing conditions impact personal injury claims is crucial for maximizing your chances of receiving fair compensation.
What Are Pre-Existing Conditions?
Pre-existing conditions are any health problems or injuries that existed before the accident or injury. These can range from chronic conditions like arthritis or back pain to prior accidents, surgeries, or injuries. When these conditions are aggravated by a new accident, it’s important to understand how they may influence the outcome of your personal injury claim.
Examples of Pre-Existing Conditions
- Chronic pain: Back, neck, or joint pain that predates the accident.
- Previous surgeries: Injuries that were treated with surgery or medical intervention before the accident.
- Autoimmune diseases: Conditions like rheumatoid arthritis that can be exacerbated by physical trauma.
- Previous accidents or injuries: Any prior injuries that may have healed or left lasting effects, such as a past car accident injury.
How Pre-Existing Conditions Impact Personal Injury Claims
While pre-existing conditions don’t disqualify you from filing a personal injury claim, they can affect several aspects of your case. Here’s how they may impact the claims process:
1. Aggravation of the Pre-Existing Condition
If the accident worsens your pre-existing condition, you may still be entitled to compensation. However, it can be challenging to prove the extent of the aggravation. Medical evidence will play a crucial role in establishing that the accident directly impacted or worsened your condition. The key is showing that the accident caused an increase in the severity of the injury or accelerated the progression of your pre-existing condition.
2. Insurance Company Tactics
Insurance companies may attempt to use your pre-existing condition against you. They might argue that your symptoms or injuries are related to your condition and not the accident itself. This is why having thorough medical records and expert testimony is critical. A skilled attorney can counter these tactics by providing strong evidence that the accident worsened your condition.
3. Causation and Burden of Proof
In personal injury cases involving pre-existing conditions, proving causation becomes more complicated. Your attorney will need to establish that the accident either caused new injuries or aggravated pre-existing ones. Expert medical testimony can help clarify how the accident contributed to your symptoms or condition.
4. Damages for Pre-Existing Conditions
When a pre-existing condition is aggravated, you may still be entitled to damages for both the new injury and the exacerbation of the existing condition. These damages can include medical bills, lost wages, pain and suffering, and future medical costs. However, you may need to provide clear documentation and medical opinions to differentiate between the injury caused by the accident and the effects of the pre-existing condition.
The Eggshell Plaintiff Rule
In personal injury law, the “eggshell plaintiff” rule is a concept that holds the defendant liable for all of a plaintiff’s injuries, even if the plaintiff had pre-existing conditions that made them more vulnerable to harm. In other words, if your pre-existing condition made you more susceptible to injury, the defendant is still responsible for the full extent of the damage caused by the accident.
Example of the Eggshell Plaintiff Rule
If someone with a history of back pain is involved in a car accident and the accident worsens their back condition, the at-fault party can still be held responsible for the full extent of the injury, even though the plaintiff’s back was already vulnerable.
How Dermer Law Can Help You Navigate Pre-Existing Conditions in Your Claim
At Dermer Law, we understand the complexities of personal injury claims involving pre-existing conditions. Our experienced team of attorneys will work with medical professionals to provide evidence that your pre-existing condition was aggravated by the accident and that you deserve fair compensation.
Why Choose Dermer Law?
- Experienced Attorneys: With a team led by Jay Dermer and Maxwell Shrem, we have the expertise to handle complex personal injury cases, including those involving pre-existing conditions.
- Strong Medical Evidence: We collaborate with medical professionals to ensure your pre-existing conditions and their aggravation are thoroughly documented.
- Client-Focused Approach: We treat our clients like family and fight to get the compensation they deserve, regardless of pre-existing health issues.
Don’t Let Pre-Existing Conditions Stop You from Seeking Justice
If you have a pre-existing condition and have been injured in an accident, you still have the right to pursue compensation. Don’t let insurance companies take advantage of your medical history. Contact Dermer Law today for a free consultation, and let us help you navigate the claims process and fight for the compensation you deserve.
