Understanding the Impact of Pre-Existing Injuries on Personal Injury Claims

A pre-existing injury is any condition, whether from a previous accident, surgery, or illness, that existed before the current accident. For example, someone with a prior back injury may aggravate it in a car crash. In these situations, the injured party might expect compensation for the new injury, but the presence of a pre-existing condition adds complexity to the situation.

When making a personal injury claim, it’s essential to understand how pre-existing injuries might impact the case. Insurance companies often use pre-existing conditions to reduce the amount of compensation they offer. They may argue that the injury wasn’t caused by the accident but was instead related to the pre-existing condition. This is called the “eggshell plaintiff” rule.

The eggshell plaintiff rule is a legal principle that holds a defendant responsible for all injuries caused by their actions, even if the victim’s pre-existing condition made them more vulnerable.

In simpler terms, if you have a pre-existing injury, the defendant is still liable for the full extent of your new injuries. This rule ensures that the person responsible for the accident cannot escape full responsibility simply because the victim was more susceptible due to prior health issues.

Proving that an accident aggravated a pre-existing injury can be challenging. It requires solid medical evidence to show that the new injury is a direct result of the incident.

For example, if someone with a prior knee injury suffers a more severe injury after a slip and fall, medical records must demonstrate that the accident worsened the condition. This evidence can come from medical exams, doctors’ testimonies, and imaging tests like X-rays or MRIs.

Accurate and up-to-date medical records are crucial when dealing with pre-existing injuries. These records provide a history of the condition before the accident and help show whether the injury was worsened by the accident. Without proper documentation, it can be difficult to prove the extent of the injury and its relationship to the incident.

Insurance companies are in business to make a profit. Therefore, they often try to minimize the payout on claims. When there’s a pre-existing injury, they may argue that the accident didn’t cause the injury or that it was only a minor aggravation of an existing problem.

Their goal is to reduce liability and pay out as little as possible. Having a lawyer on your side can help counter these tactics and ensure you get the compensation you deserve.

If you have a pre-existing injury and are involved in an accident, it’s important to seek medical attention immediately. Document all injuries, even those you feel are minor. Speak with a personal injury attorney who can guide you through the legal process.

They will help gather the necessary medical evidence and ensure that your pre-existing injuries don’t prevent you from receiving the compensation you are entitled to.

Personal injury care: Call to schedule and ask about exams, advanced referrals, physical assessments, medical-managed physical therapy, chiropractic visits, attorney referrals if needed, and non-opioid mail-order pharmaceuticals when appropriate.

Pre-existing injuries can complicate personal injury claims, but they don’t necessarily prevent you from receiving compensation. Understanding how the legal system handles these types of cases can help you navigate the claims process.

Always seek medical care after an accident and ensure your lawyer has all the necessary documentation to prove your injuries. With the right approach, you can protect your rights and receive fair compensation for your suffering.