In most personal injury cases, the victim will need to deal with the stressful task of getting compensation. Usually, insurance companies will look for any reason, such as a pre-existing condition, before accepting the claim.
If they find any pre-existing condition, then they will use it to reject or decrease the value of a personal injury claim.
The victim should know how this condition will complicate their personal injury claim. Experienced firms, like the Allen, Allen, Allen & Allen personal injury firm, can help you tackle this tricky situation and get the compensation you deserve.
What is a Pre-existing Condition?
A pre-existing condition is an ailment or medical condition that the victim had before the incident or accident. It may include an injury or chronic illness sustained due to a prior incident.
The following are some of the pre-existing medical conditions that could impact your personal injury claim:
- Neck injuries
- Spinal cord injuries
- Degenerative disc disease
- Respiratory conditions
- Heart problems
- Torn Ligaments
- Brain injury
The Complications Due to a Pre-Existing Condition in a Personal Injury Claim
The victim should understand the complications of filing a personal injury claim, particularly when they have a pre-existing condition.
Causation and Liability Issues
Proving causation and liability are important in a personal injury claim.
Liability refers to the party that was at fault for the accident.
Causation means that your injuries were directly caused by the accident.
So when you have a pre-existing condition, the defendant’s insurance company will argue that your injuries were not caused by the accident but by your pre-existing condition.
To get out of this complication, you should provide strong evidence that your condition was exacerbated or aggravated by the accident. This evidence includes witness statements and medical reports.
Pre-existing conditions will affect the compensation you get in a personal injury claim. The defendant will try to decrease your damages by arguing that your condition was already impacting your quality of life before the accident.
You will need to prove how the accident worsened your pre-existing condition. By doing so, you can get fair compensation.
Complications in Determining Pain and Suffering
Pain and suffering is a type of non-economic damage that compensates you for the physical and emotional distress caused by the accident.
The insurance company will argue that the pain and suffering you’re experiencing is due to the pre-existing condition, not the injuries you suffered in the accident.
To overcome this complication, it is necessary to get legal help from a personal injury lawyer who will appoint expert witnesses. The expert witness will check your medical records and provide a detailed statement on how the fresh injuries have caused immense physical pain and emotional suffering.
Rejection of a Personal Injury Claim
A pre-existing condition may result in the rejection of your personal injury claim. Insurance companies are often reluctant to pay for claims involving pre-existing conditions, as they may view them as exaggerated or fraudulent.
That’s why you should consult an experienced attorney who will help you prove that your current injuries were caused by the negligence of the at-fault party.
Eggshell Plaintiff Rule
Under the eggshell plaintiff rule, the at-fault party is legally responsible for all damages resulting from the accident, even if the victim was more likely to be injured.
The eggshell plaintiff rule can be beneficial for victims with pre-existing conditions, as it can increase their compensation. An experienced attorney will prove that the accident was the proximate cause of your injury and not the pre-existing condition.
The Important Measures to Take If the Victim Has a Pre-existing Condition:
- Document evidence
- Maintain detailed notes
- Be honest about the pre-existing condition
- Consult an experienced personal injury attorney
We hope our article has helped you understand the complications that arise due to a pre-existing condition in a personal injury claim. An experienced personal injury attorney will offer legal assistance on how to proceed with a personal injury claim and also help you deal with any pre-existing condition.