When someone is injured because of another person’s negligence, they have the right to seek compensation for their losses. However, personal injury claims can become more complicated when the injured party has a pre-existing condition. While a previous injury or medical issue does not prevent someone from filing a claim, it can affect how the case is assessed and the amount of compensation that may be awarded.
What defines a pre-existing condition?
A pre-existing condition refers to any injury, illness, or medical issue that existed before the accident occurred. Common examples include chronic back pain, prior surgeries, arthritis, or old injuries that may have healed partially or fully.
Insurance companies and defense attorneys often focus on these conditions to argue that the current symptoms were not caused by the accident in question, but rather stem from previous medical issues. This focus can lead to disputes over liability and damages.
The “Eggshell Plaintiff” Rule:
That said, the law recognizes that individuals should be compensated when a new accident worsens an existing condition. This is known as the “eggshell plaintiff” rule. It states that a negligent party is responsible for the full extent of the harm they cause, even if the injured person was more vulnerable to injury due to a pre-existing condition. If an accident worsens a prior injury or speeds up a condition, the victim can still receive damages for the additional harm caused.
Establish Causation:
To strengthen a personal injury claim involving a pre-existing condition, it’s essential to establish causation by providing clear medical documentation that differentiates between the old and new injuries. This often requires comparing medical records from before and after the accident. Physicians may be asked to provide expert opinions on whether the accident is related and how to assess the extent to which the condition has worsened.
Honesty and transparency are vital when addressing pre-existing conditions in a claim. Attempting to hide a past injury can undermine credibility and harm the case over time. Instead, collaborating with an experienced personal injury attorney can help ensure that the details are communicated clearly and that the focus stays on the impact the accident has had on the person’s health and life moving forward.
Ultimately, having a pre-existing condition doesn’t prevent someone from seeking justice. It simply adds another layer to the legal process. The Law Offices of Reginald Keith Davis specialize in these challenging cases. Whether you’re dealing with a minor issue or a serious worsening of your pre-existing condition, we are here to guide you through recovering compensation. Contact us today for a confidential consultation, and let us help you get the compensation you deserve.
Contact us now at kcklawyer.com. Phone: (913) 299-8789