How Pre-Existing Conditions Affect Your Personal Injury Claim
One of the biggest questions following an accident is whether having a pre-existing condition will damage your claim. Many people worry that a previous injury will undermine their case. Fortunately, the law is clear: a negligent party must take their victim as they find them. Here’s how to present a strong case despite a pre-existing condition.
1. The “Eggshell Skull” Doctrine and Aggravation of Injuries
The “eggshell skull” rule asserts that a negligent individual is fully responsible for the harm they inflict. This remains the case even if the victim has an existing condition contributing to their increased susceptibility to injury. For instance, if a minor accident aggravates a back injury, the at-fault driver is responsible for the increase in severity of the condition. The law prohibits defendants from claiming that another person would have experienced less harm.
The crucial aspect is separating the aggravation from the original condition. A prior injury doesn’t bar recovery, but requires clear medical evidence showing how the accident worsened or “activated” it. This is typically demonstrated by comparing your health and functional abilities before and after the incident. Attention moves from the prior injury to the measurable decline resulting from the accident, which is crucial for obtaining full compensation.
2. The Critical Importance of Full Disclosure and Medical Documentation
Complete disclosure is of the utmost importance if you have a pre-existing condition. Hiding a previous injury from your lawyer or insurance provider can harm your trustworthiness and put your entire claim at risk. Insurance adjusters thoroughly examine claimants’ medical backgrounds, and any identified omissions may be leveraged to assert that you are deceitful about every facet of your case.
Instead, provide your complete medical history to your legal team. This allows them to create a clear health baseline and collaborate with your doctors to record how the accident aggravated your condition. Thorough reports distinguishing previous symptoms from new injuries are crucial in refuting claims that your pain is unrelated to the incident. A personal injury legal consultation is invaluable in this process. An experienced attorney can guide you on which records are needed and how to work with your doctors to build this essential evidence.
3. Impact on Settlement Value and Negotiation Strategies
Prior conditions tend to complicate negotiation. Insurers can use prior injuries to minimize claims, providing low settlements and blaming your symptoms on a degenerative condition, rather than the accident. A proactive approach is necessary to foresee and mitigate such arguments early.
The best defense is usually a good offense. Medical opinions linking symptom aggravation to the accident help establish the defendant’s role in your health decline. The goal is not to compensate for the initial condition, but rather for the harm caused by its worsening. This could mean informing adjusters or juries about the medical details to clarify the accident’s consequences. A proficient lawyer will redirect attention from the previous injury to the defendant’s involvement in worsening it.
Endnote
Your existing conditions do not exempt you from claiming personal injury. However, a successful claim requires a more nuanced and carefully documented approach. By understanding the “eggshell skull” rule, being fully transparent with your medical history, and building a strong medical case, you can effectively seek compensation for the ways an accident worsened your health. The trick is to hire attorneys who understand that they must be able to explain the distinction between your pre-accident state and your present state so that you receive just compensation for the damages incurred.