When you’ve been injured due to someone else’s negligence, the process of securing fair compensation can be complex—especially if you already had a medical condition before the accident. Pre-existing conditions often become a point of debate in personal injury claims, and understanding how they affect your settlement can make a significant difference in your case outcome.
Understanding Pre-Existing Conditions in Personal Injury Cases
Pre-existing condition is any form of health problem, injury and illness that you encountered prior to the accident. Back issues, arthritis, past bone fractures or chronic diseases are examples. Although possessing such condition does not disqualify you as a claimant to compensation, it may affect the way the insurance company or the court will assess your damages.
The complication with this is that it is not easy to prove that the accident exacerbated your condition as opposed to being the complete cause. This is the place where evidence and medical records as well as witness testimonies are essential.
The “Eggshell Plaintiff” Rule
One of the legal provisions that protect the rights of a victim whose damages involve an underlying health condition is the Eggshell Plaintiff Rule. The virtue means that a litigant must embrace a plaintiff in the way he or she is. Namely whereas even were it the case that you could not have possible been more exposed to harm, that your condition uniquely contributed to a predilection to being exposed, the actual party responsible might still be liable to pay full extent of damages that the accident caused, despite the fact that you would not have been injured (or not nearly to that extent) in person not else already predisposed.
How Pre-Existing Conditions Complicate Settlements
1. Disputes Over Causation
Insurance adjusters often argue that your injuries are solely the result of your prior condition, rather than the accident. This tactic can reduce or delay settlement offers.
2. Burden of Proof
You must demonstrate that the accident aggravated your pre-existing condition. This involves comparing your medical state before and after the incident through detailed records.
3. Lower Settlement Offers
If the insurer can attribute part of your injuries to your prior condition, they might reduce the amount they’re willing to pay, claiming the accident only partially contributed to your current health issues.
Proving the Impact of the Accident
To strengthen your case, focus on clear documentation:
- Medical Records Prior to Accident: These are a way of getting a baseline concerning your health.Post
- Accident Medical Reports: Demonstrate how your condition has gotten worse or how you have developed new symptoms.
- Expert medical Testimony: A doctor can testify about how the accident aggravated your condition.
- Personal Statements: You can explain how something in your day-to-day life changed as a result of the incident as it can provide a clear picture of the threat.
The more the relationship is evident between the accident and the worsening of your condition, the better your settlement position.
Strategies for Maximizing Your Settlement
Be Transparent About Your Medical History
Hiding a pre-existing condition can harm your credibility and jeopardize your case.Follow All Medical Advice
Skipping treatments or ignoring doctor recommendations may give insurers grounds to argue you worsened your own condition.Work With an Experienced Advocate
A skilled personal injury lawyer can gather the right evidence, counter insurance arguments, and ensure your rights are fully protected.
Common Misconceptions
“I can’t get compensation because I was already injured.”
False. If the accident made your condition worse, you can still pursue damages.“The insurer’s first offer is fair.”
Often untrue. Initial offers frequently undervalue claims, especially when pre-existing conditions are involved.
Final Thoughts
The pre-existing condition is not an automatic bad news to your personal injury claim but will surely be a disadvantage in the negotiating table. It is important to show that the accident worsened your health problems as opposed to just using them in your previous state. By gathering strong medical evidence and seeking professional guidance, you can protect your right to fair compensation and avoid being shortchanged.
