Dealing with a personal injury claim can be complicated, especially if you have pre-existing conditions. These conditions can create additional hurdles in proving your case and securing fair compensation. However, understanding how they impact your claim and having the right legal support can make a significant difference.
What Are Pre-Existing Conditions?
Pre-existing conditions are health issues or injuries you had before the incident that led to your current injury claim. These can include chronic illnesses, previous injuries, or long-term medical conditions.
How Do Pre-Existing Conditions Affect Your Claim?
Insurance companies and opposing parties may argue that your current injuries are not new but are related to your pre-existing conditions. Here’s how pre-existing conditions can impact your claim:
Questioning Causation
Insurers may claim your injury is due to your pre-existing condition rather than the accident. They might argue that the accident did not cause new harm but merely aggravated an old issue.
Reduced Compensation
If an insurer acknowledges your injury but believes your pre-existing condition is primarily responsible, they may offer reduced compensation. They might try to minimize the settlement amount by attributing a significant part of your medical expenses and pain to your prior condition.
Need for Extensive Medical Evidence
Proving that an accident worsened a pre-existing condition requires thorough medical documentation. You will need detailed medical records showing your condition before and after the incident.
Strategies to Handle Pre-Existing Conditions in Your Claim
Full Disclosure
Be honest about your pre-existing conditions. Hiding them can harm your credibility and weaken your claim.
Gather Comprehensive Medical Records
Collect all medical records related to your pre-existing condition. These documents can show how the accident worsened your condition.
Obtain Expert Medical Testimony
A medical expert can provide a professional opinion on how the accident affected your pre-existing condition. Their testimony can help establish the link between the incident and the worsening of your condition.
Why Hire Fielding Law
Navigating a personal injury claim with pre-existing conditions can be complex. At Fielding Law, we are here to help. Our experienced attorneys will:
- Investigate Thoroughly: We will gather all necessary evidence to support your claim.
- Handle All Communications: We will manage negotiations with insurance companies and opposing parties.
- Maximize Your Compensation: We will fight to ensure you receive the full compensation you deserve, considering both your new injuries and the aggravation of pre-existing conditions.
Contact us at 833.88.SHARK for a free consultation. Let us handle the legal complexities while you focus on your recovery.
Understanding the Eggshell Plaintiff Doctrine
The “Eggshell Plaintiff” doctrine is a legal principle that can work in your favor. It states that a defendant must take a plaintiff as they find them. If you have a pre-existing condition that makes you more susceptible to injury, the defendant is still fully liable for all damages resulting from the accident, even if the injuries are more severe than what a healthier person would have suffered.
Steps to Strengthen Your Claim
1. Document Everything
Keep detailed records of your medical treatments, symptoms, and any changes in your condition. Photos, journal entries, and receipts can support your case.
2. Follow Medical Advice
Adhere strictly to your treatment plan. Non-compliance can be used against you to suggest that your injuries are not as severe as claimed.
3. Communicate Clearly with Your Attorney
Ensure your attorney is fully informed about your pre-existing conditions and how the accident has affected them. Transparency helps build a strong case.
Advocates for Your Rights
Pre-existing conditions can complicate personal injury claims, but understanding how they affect your case and taking proactive steps can help you secure fair compensation. Fielding Law is dedicated to helping clients navigate these challenges.
Call 833.88.SHARK today for a free consultation. Let us fight for your rights and the compensation you deserve while you focus on your recovery.
Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.
