The Impact of Pre-Existing Conditions on Personal Injury Claims
Personal injury claims can be complex and challenging, and one factor that often has a significant impact on the outcome is the presence of pre-existing conditions.
Pre-existing conditions refer to any medical or health condition that an individual had before the accident or incident that caused their personal injury. These conditions can vary greatly, ranging from chronic illnesses to old injuries or even psychological disorders. Understanding how pre-existing conditions affect personal injury claims is crucial for both claimants and defendants in order to navigate the legal process effectively.
1. The Role of Pre-existing Conditions in Personal Injury Claims
In personal injury claims, determining causation is a critical aspect of establishing liability. If pre-existing conditions are present, it becomes more challenging to attribute the full extent of the injuries solely to the current incident. Insurance companies and opposing parties may argue that part or all of the claimant’s injuries existed prior to the accident and are not related to the incident being disputed.
However, it is important to note that someone with a pre-existing condition still has rights when it comes to compensation for injuries resulting from an accident caused by someone else’s negligence.
The key aspect here lies in establishing what portion of damages can be attributed solely to the accident versus what was present before, something a personal injury lawyer can help with.
2. Types of Pre-existing Conditions
Pre-existing conditions come in various forms – physical, mental, or both. Physical pre-existing conditions may include back problems, arthritis, previous surgeries, or previous broken bones. Mental health-related pre-existing conditions could involve anxiety disorders or previously diagnosed depressive disorders.
Insurance companies tend to closely examine medical history records during personal injury claims involving pre-existing conditions since they aim to justify paying less compensation based on symptoms associated with predefined health issues.
3. Aggravation vs Accidental Injury
Understanding aggravation versus accidental injury is crucial when dealing with pre-existing conditions in personal injury claims.
Aggravation refers to a situation where a previously existing condition worsens due to an accident or incident, exacerbating the symptoms. In contrast, an accidental injury occurs when a new injury results from an accident altogether unrelated to any pre-existing conditions.
4. Medical Evidence and Documentation
To strengthen a personal injury case involving a pre-existing condition, having comprehensive medical evidence and documentation is paramount. Claimants must present medical records and reports that outline the status of their health prior to the accident in order to establish a clear timeline of the pre-existing condition.
In addition, it is crucial for claimants to demonstrate through updated medical assessments and reports that their condition has worsened or been aggravated due to the accident or incident in question. A professional medical opinion supporting causation will often be required to provide a solid argument against insurance companies’ efforts to minimize compensation based on pre-existing conditions.
5. The Eggshell Rule
The Eggshell Rule refers to an important legal principle that argues defendants should take claimants as they find them, regardless of existing health issues or vulnerabilities. This rule means that even if someone has greater susceptibility or vulnerability due to a pre-existing condition, negligent parties cannot use this as an excuse for causing further harm. For example, if someone with a history of osteoporosis suffers a fractured bone due to someone’s negligence, the responsible party is still liable for compensating the claimant accordingly, taking into account any aggravation caused by the incident.
6. Proving Injury Attribution
When dealing with personal injury claims involving significant pre-existing conditions, one key challenge is proving how much of the current injuries could be directly attributed to the accident in question. Medical professionals play a vital role in these cases as they are called upon to provide objective assessments regarding causation. Establishing beyond doubt that the major portion of damages resulted from accidents and not solely due to pre-existing conditions can significantly impact both liability decisions and compensation amounts awarded.
Conclusion
Pre-existing conditions undoubtedly complicate personal injury claims; however, individuals with prior health concerns should not be denied the right to obtain full and fair compensation for new injuries caused by someone else’s negligence.
Through the consistent presence of comprehensive medical evidence, expert opinions, and an understanding of legal principles such as the Eggshell Rule, it is possible to successfully navigate personal injury claims involving pre-existing conditions and receive just compensation. As with any personal injury claim, it is highly recommended to consult with a skilled attorney who can guide individuals through the legal complexities involved in these cases.
Source: Gruber Law Offices, WS
