What Are Pre-Existing Conditions and How Do They Impact an Accident Case?
Your pre-existing medical conditions are one aspect of your personal injury case that can significantly impact its result. So, what's the meaning of this?
Any health problem you had prior to the accident that resulted in or worsened your current injury is known as a pre-existing condition. Insurance companies frequently use pre-existing conditions to justify rejecting or undervaluing your claim. They may put forth the argument that your injury was a result of the pre-existing condition rather than the accident.
But it is important to know that you can claim compensation for a car accident even if you have a pre-existing condition. The sections below discuss this topic.
How Do Pre-Existing Conditions Complicate Your Accident Case?
When you file a personal injury claim after any accident, it's evident that the financial compensation you receive will not include compensation for any pre-existing conditions.
However, if the at-fault party caused your pre-existing condition to worsen due to their actions, they may be held financially responsible for the consequences. Although this rule may seem straightforward, the complexity of the human body and the challenges associated with establishing causation in some situations make it more challenging to prove fault and decide damages when an injury or condition already exists.
What is the "Eggshell Plaintiff" Theory?
The legal doctrine known as the "Eggshell Plaintiff" maintains that the at-fault party bears full responsibility for the harm they inflict on a victim, regardless of whether the victim had a pre-existing condition that renders them more vulnerable to injury. The at-fault party will be held liable if the plaintiff can prove beyond any reasonable doubt that their injuries were aggravated due to the accident.
The defendant cannot attempt to disapprove liability based on the pre-existing condition, even if the claim goes to trial in court.
However, the plaintiff still has the burden of proof when it comes to proving the defendant's fault, even in cases where the eggshell plaintiff concept applies.
Thus, you should be more prepared for the claim procedure by trying to get medical attention and recording all proof of your injuries.
The Hurdle of Pain and Suffering
Determining your more subjective and intangible damages, such as "pain and suffering," may be the most difficult task. Calculating these losses is challenging enough when there is no prior injury. However, the endeavor becomes considerably more difficult when the accident aggravates an existing condition.
Some of the most common pre-existing injuries that may affect your personal injury case are as follows:
- Chronic neck or back problems
- Already broken bones
- A history of concussion
- Herniated discs
- Sprains and strains
- Traumatic brain injury
A Pre-Existing Injury Can Also Work in Your Favor
A pre-existing injury might occasionally facilitate the process of obtaining compensation by providing a clear picture of the plaintiff's health before the accident. This can aid in determining the extent of the harm caused by the accident, despite the potential for additional issues.
Let's look at an example to understand this better. Consider a 60-year-old construction worker with a history of lower back pain. After the accident, one of the defendant's claims is that the herniated disc most likely already existed due to the claimant's advanced age and the discs in his spine's natural degeneration.
Fortunately, MRI pictures of the claimant's back taken a few weeks before the accident revealed no signs of a herniation. This pre-accident medical data makes refuting the defendant's claims much more straightforward.
Hire a Personal Injury Lawyer Now
Your pre-existing condition should not deter you from filing a personal injury case. An experienced and credible personal injury lawyer can help you smoothly sail through the complexity of legal and insurance problems while you focus on recovery.