A pre-existing condition refers to a medical issue or injury that an individual had before a car accident. Pre-existing conditions can become a complex issue when pursuing a personal injury claim after a car accident, as insurance companies often use these conditions to minimize or even deny compensation.
In this article, we will discuss how pre-existing conditions can impact your personal injury car accident case and what you can do to protect your rights and receive the compensation you deserve.
Understanding the “Eggshell Plaintiff” Rule
The “eggshell plaintiff” rule is a fundamental legal principle in personal injury cases, which states that a defendant must take their victim as they find them.
This means that if a person is more susceptible to injury due to a pre-existing condition or inherent fragility, the at-fault party is still responsible for the damages resulting from their actions.
The rule ensures that individuals with pre-existing conditions are not denied compensation merely because they were more vulnerable to injury.
By upholding this principle, courts acknowledge that every person’s right to fair compensation must be respected, regardless of their prior health status or physical condition.
Insurance Companies and Pre-existing Conditions
Insurance companies often use pre-existing conditions to their advantage, arguing that the claimant’s injuries and damages are a result of their prior medical issues rather than the car accident.
In personal injury cases, insurance companies often scrutinize pre-existing conditions to minimize their financial liability.
By arguing that the claimant’s injuries and damages stem from prior medical issues rather than the accident, they attempt to reduce or deny compensation.
This tactic can make it challenging for individuals with pre-existing conditions to receive the compensation they deserve. Therefore, it’s crucial to differentiate between the injuries caused by the accident and those related to pre-existing conditions.
By providing strong medical evidence and working with an experienced personal injury attorney, claimants can navigate the complexities of their case and counter the insurance companies’ tactics to ensure they receive fair compensation for their damages.
Medical Evidence and Expert Testimony
Providing clear medical evidence is crucial in cases involving pre-existing conditions.
Accurate and comprehensive medical records can help demonstrate the difference between the claimant’s condition before and after the accident.
It’s essential to work with medical professionals who can provide detailed reports and, if necessary, expert testimony in court. These professionals should be able to:
- Clearly explain the claimant’s pre-existing condition and how it affected them before the accident.
- Identify the new injuries or the worsening of the pre-existing condition resulting from the car accident.
- Estimate the extent to which the car accident aggravated the pre-existing condition.
- Provide a prognosis and outline any necessary future treatment related to the aggravated condition.
Dealing with Pre-existing Conditions in Settlement Negotiations and Trials
When negotiating a settlement or presenting a case in court, it’s important to establish the impact of the car accident on the pre-existing condition.
In settlement negotiations, having a strong case supported by medical evidence and expert testimony can help convince the insurance company of their responsibility for the claimant’s damages.
If the case proceeds to trial, a well-prepared presentation of evidence and expert testimony can help a jury understand the connection between the car accident and the exacerbated pre-existing condition.
Hiring an Experienced Personal Injury Attorney
Working with a skilled personal injury attorney is essential in car accident cases involving pre-existing conditions.
An experienced lawyer will know how to gather the necessary evidence, work with medical professionals, and effectively negotiate with insurance companies or present your case in court.
They can help you navigate the complexities of your case and ensure you receive the compensation you deserve.
Pre-existing conditions can complicate personal injury car accident cases, but they should not prevent you from receiving compensation for your damages.
By understanding the “eggshell plaintiff” rule, providing strong medical evidence, and working with an experienced personal injury attorney, you can protect your rights and seek the compensation you need to recover from the car accident’s impact on your pre-existing condition.
A personal injury lawyer can be a valuable asset when it comes to maximizing your compensation after an accident. They can help you assess the value of your claim, gather evidence, negotiate with insurance companies, represent you in court, and provide peace of mind.
If you’ve been injured due to someone else’s negligence, don’t hesitate to contact a personal injury lawyer to see how they can help you get the compensation you deserve.
If you have an injury due to someone else’s negligence and you want to file a lawsuit, call us today. We can advise you from the start and help you get the compensation you deserve.