Personal injury claims are often the only means for an injured person to pursue justice for accident-related losses. Personal injury lawyers work diligently to recover medical expenses and lost wages. Accident victims can also seek compensation for their property damage, physical pain, and emotional suffering.
Besides providing financial relief, accident injury claims also hold the responsible party liable for their actions. Justice is served when you receive a fair settlement.
But what if you had a pre-existing condition? You need to know how it will affect the prospects of your personal injury case. The attorneys of the Minton Law Firm want you to have the information you need for an effective claim.
A pre-existing medical condition refers to any health issue a person had before the incident that led to their claim. Pre-existing conditions could include the following.
Accidents and trauma can cause bodily harm. It could range from a minor cut to a severe fracture or concussion. If an accident has worsened a prior injury, it may be considered a pre-existing medical condition, even if it was never formally diagnosed.
Past surgeries in your medical history can also indicate the presence of pre-existing conditions. Healing from a new injury can take longer if the affected area is already compromised. For instance, someone with chronic joint issues may struggle with mobility for an extended period after an accident.
The emotional distress of a car accident can cause mental health issues. However, when did they begin? Insurance company arguments might revolve around whether you displayed symptoms of post-traumatic stress, depression, or other mental disorders before the personal injury accident.
Physical trauma can trigger chronic illnesses, particularly those related to the nervous or immune system. It can also affect our body's ability to regulate pain.
You could develop one of the following conditions after a car accident or other traumatic event:
Insurance companies might deny that a personal injury accident caused your new injury or condition. On the other hand, they might claim your accident-related pain is actually due to one of these pre-existing conditions.
Suppose an individual had previous injuries from playing sports. A car accident aggravated a pre-existing back injury. Would they still qualify for a personal injury claim? How would their personal injury lawsuit differ from a claim for a car crash that caused entirely new injuries?
The next section will discuss these questions.
Successful personal injury claims can hinge on a complex array of factors.
The defendant must have had a legal obligation to the plaintiff at the time of the injury. For example, drivers must operate their vehicles in a way that accounts for the safety of others. They avoid causing harm to pedestrians and other motorists by observing traffic laws.
A personal injury case must prove that the defendant failed to uphold their duty of care. In the driving example, a lawyer could provide evidence of reckless or negligent actions like speeding, texting while driving, or running a red light.
A direct connection must exist between the defendant’s breach of duty and the injury sustained. In other words, there is an actual cause (e.g., the injury wouldn’t have happened but for someone else's negligence ) and a proximate cause (e.g., the injury was a foreseeable result of the defendant’s actions or omissions).
Insurance companies may argue that the plaintiff's injuries were not caused by the accident. Instead, they might refer to medical records to suggest they were due to pre-existing conditions. Disputed personal injury claims can complicate how liability is determined.
The plaintiff must demonstrate that they suffered actual harm, either physical, financial, or both. A plaintiff's pre-existing condition may affect the amount and type of damages they can claim.
For instance, suppose medical professionals diagnose a serious condition. If you have an accident later that makes it worse, you may only recover compensation for the additional harm. In other words, you could receive money for the damage caused by the accident, but not for having the condition.
Laws vary by where you live. In some jurisdictions, if a plaintiff's pre-existing condition contributes to their injuries, their award is reduced by the percentage of fault he or she holds. In short, even if a case relies on solid evidence of liability, pre-existing conditions matter.
A skilled personal injury attorney must gather convincing evidence for an effective personal injury claim. Yet, if an old injury is not considered, the case may not succeed in court. An experienced personal injury attorney can overcome the challenging aspects of pre-existing injuries in personal injury claims.
Insurance adjusters often review the victim's medical history when valuing a claim. Don't be surprised if they also look at your social media for medical evidence.
These professionals are not medical experts, so they can misinterpret or exaggerate what they find. Therefore, you should avoid posting about medical bills, your accident, or the injuries caused by it.
When insurance companies wrongly attribute accident injuries to pre-existing conditions on your medical records, you could end up with an unfair settlement or – worse still – no payout at all.
Your lawyer can gather comprehensive medical records to show the differences between past injuries and those from the accident. Detailed medical records clarify doubts and ensure that all the medical expenses related to the accident are accounted for in the claims process. Medical experts can also testify about the state of your health before the accident and how pre-existing conditions affected your current well-being.
The "Eggshell Plaintiff" rule is a legal principle that means a defendant is responsible for the full extent of a plaintiff's injuries, even if those injuries are more severe than typically expected. If someone gets hurt in an accident, the person who caused the accident is liable for all the damages, even if the injured person had a pre-existing condition that made him or her vulnerable.
For example, if a person with a fragile medical condition gets into a minor car accident, he or she could sustain serious injuries. The driver who caused the accident cannot avoid liability because the person was already in a delicate state.
This rule holds the defendant accountable for the injuries caused, no matter how unexpected or severe. This rule protects individuals who may be more susceptible to harm due to a pre-existing injury.
Simply because you deserve it doesn't guarantee that you will receive fair compensation. A knowledgeable personal injury attorney who understands personal injury law can help you handle the necessary legal process.
Start by confiding all your pre-existing conditions to your attorney. Provide detailed records of your medical history. Doing so will equip your personal injury lawyer to present your personal injury case effectively and ensure all aspects of your current injuries and pre-existing conditions are taken into account.
The statute of limitations for personal injury cases sets a strict time limit to file a claim, often just a few years from the date of the injury. Missing this deadline can mean losing the chance to recover financially. If you have been hurt, it is important to act quickly and speak with a lawyer as soon as possible.
Accurate documentation is essential in personal injury cases, especially when pre-existing injuries are part of the equation. Keep track of your medical treatments, travel expenses, and any changes in your pre-existing conditions. Your journal should include not only medical bills but also doctor’s notes, reflections on therapy sessions, and your level of pain.
Your legal team can help you organize this documentation and use it to demonstrate the full impact of your injuries. By presenting a comprehensive picture of your situation, you can better advocate for your rights.
You should understand your rights and options if you have experienced new or worsened injuries due to an accident. An experienced personal injury attorney can assess your circumstances and advise you as to the best course of action.
At Minton Law, we invite you to tell us about your situation, including whether the accident impacted any pre-existing conditions and your daily life. We welcome your questions and look forward to helping you learn how personal injury law can protect your financial future.
If you have pre-existing injuries, it is even more essential to take care as you recover from your current injuries. Why not let us gather the necessary evidence to support your claim and guide you as you decide what steps to take next? Our proactive approach empowers our clients while allowing them to relax, knowing their personal injury cases are in good hands.
If you believe you deserve compensation, it is time to act now. Fair compensation is within your reach. Contact our personal injury team 24/7 at (501) 222-HURT for a free case review.
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