Personal injury claims arise when an individual sustains injuries due to the careless actions of another person, and having pre-existing conditions or injuries can complicate an already challenging situation. However, with the assistance of an experienced personal injury attorney, you can build a strong personal injury case. Surprisingly, in certain instances, your pre-existing condition might even enhance the strength of your case.
How Can a Pre-Existing Condition Impact a Personal Injury Claim?
Having a pre-existing condition doesn’t stop you from seeking compensation for new injuries, but it can affect how your case is evaluated. Insurance companies and defense attorneys might say that your injuries are connected to or worsened by the pre-existing condition, not your recent accident. Hiring our skilled personal injury lawyer in Fort Myers and throughout Florida to help present your case well is important to ensure you get compensated fairly for the injuries from the accident or incident.
What Is a Pre-Existing Condition?
A pre-existing condition is a medical or health condition a person has before an accident or incident that caused a new injury or health condition. These conditions could be anything from chronic illnesses like diabetes or asthma to previous injuries or surgeries. The Department of Health and Human Services says that about half of non-elderly people in the U.S. have a pre-existing health condition.
What Qualifies as a Pre-Existing Condition?
Figuring out what counts as a pre-existing condition means looking at the health or medical conditions someone had before getting a new injury or health problem. The most common pre-existing conditions include:
- Acne
- Anxiety
- Depression
- Diabetes
- Asthma
- Sleep apnea
- Chronic obstructive pulmonary disease (COPD)
- Extreme obesity
- Atherosclerosis
- Cancer
Other pre-existing conditions include but are not limited to:
- Chronic pain conditions
- Orthopedic conditions
- Neurological conditions
- Spinal cord injuries
- Traumatic brain injuries
- Degenerative disc disease
- Prior surgeries
- Pre-existing disabilities
What Arguments Can the Insurance Company Make?
Insurance companies can make several arguments when handling personal injury claims, particularly in cases where pre-existing conditions are a factor. Some of the arguments that insurance companies can make include:
- Injuries were caused by the pre-existing condition
- The victim's own actions were to blame
- Other factors caused the injuries
- The victim failed to clearly disclose injuries
- Their chosen doctor didn't find new injuries
The Eggshell Plaintiff
The “eggshell plaintiff doctrine” is like a safety net for people with pre-existing conditions that might make them more vulnerable in an accident. The doctrine states that having existing conditions doesn’t let the responsible party off the hook in legal cases, including personal injury claims. In court, if someone can show that another party made their injuries worse, the responsible party still has to take accountability.
This means the defendant can’t escape blame by blaming the claimant’s pre-existing condition. However, even with this doctrine, the person filing the case must prove their side. So, getting immediate medical attention and keeping good records of all injury evidence can really help during the claim process.
Linking a Worsening Pre-Existing Condition to the Accident
Linking a worsening pre-existing condition is crucial in a personal injury case. To effectively establish this connection, consider hiring an attorney to help you with the following steps:
- Gather comprehensive medical records from before the accident
- Document all medical diagnoses and treatments from after the accident
- Engage medical professionals for expert testimony
- Continue to follow your doctor's treatment plan
- Document and changes in your condition
- Obtain witness statements where possible
When Can You Claim Compensation for a Pre-Existing Condition in a Personal Injury Case?
People in a personal injury case can seek compensation if an accident worsens a pre-existing condition. Not only is this the case for physical injuries, but it also extends to psychological conditions such as PTSD and anxiety.
Proving the Cause of Your Injuries
To make a successful personal injury claim, it’s crucial to clearly connect the accident to the worsening of your pre-existing conditions. This often means sharing medical proof, expert opinions, and documentation to prove how the incident affected your health.
Why You Should Consult With a Personal Injury Attorney
Having an experienced personal injury lawyer is important when dealing with an injury that has worsened a pre-existing condition. Their knowledge and proficiency in handling your case can significantly enhance the results. From strategizing your claim, counteracting insurance claim tactics, and collaborating with medical experts, the seasoned lawyers at Farah & Farah are prepared to serve you and negotiate effectively to seek the maximum compensation you deserve.
