By: Jacob Maslow
Sustaining an injury due to someone else’s negligence can significantly alter your life. When pursuing a personal injury (PI) claim, the goal is to obtain compensation for the harm you have suffered.
However, pre-existing conditions can complicate this process. That is why hiring personal injury lawyers who specialize in these cases to navigate these challenges effectively is important.
What are Pre-existing Conditions?
Pre-existing conditions refer to health issues or injuries already present before a particular incident occurred. These conditions can encompass a wide range of ailments, including chronic illnesses like diabetes or heart disease, prior injuries such as broken bones, or ongoing medical treatments for conditions like asthma.
When assessing a current injury, insurance companies and defense attorneys meticulously investigate these pre-existing conditions to understand how much they may have contributed to the recent health issue.
Challenges in Personal Injury Claims Involving Pre-existing Conditions
- Establishing Causation
A primary challenge in PI claims involving pre-existing conditions is determining the cause of the current injury. Defendants may argue that the injury is a result of the pre-existing condition rather than the incident, complicating the establishment of clear causation.
- Differentiating Between Aggravation and New Injury
It may be difficult to tell whether the accident worsened a pre-existing condition or resulted in a new injury. It can take some time and resources for doctors to break down their explanations to distinguish between them.
- Insurance Company Strategies
Insurance companies may use pre-existing conditions to minimize payouts. They might argue that the claimant’s current condition is due to the pre-existing issue, not the incident, thereby reducing their liability. This tactic can lead to lower settlement offers or denials.
- Medical Documentation
Complete medical records play an essential role in PI cases involving pre-existing conditions. Lacking clear evidence, it will be difficult to prove that the current injury is separate from or an aggravation of the pre-existing condition.
Strategies to Address Pre-existing Conditions in PI Claims
- Detailed Medical Records
The medical records must be kept current and detailed. They should reflect the history of the pre-existing condition and all treatments received. It will serve as a baseline health status before the incident.
- Expert Medical Testimony
Engaging medical experts can provide objective opinions on the relationship between the pre-existing condition and the current injury. Their testimony can be pivotal in demonstrating that the incident aggravated the pre-existing condition or caused a new injury.
- Legal Expertise
Hiring personal injury lawyers experienced in handling cases with pre-existing conditions is beneficial. They can navigate the complexities of such claims, ensuring that all aspects are thoroughly addressed and your rights are protected.
- Clear Documentation of the Incident
Documentation of the incident details is essential. It would include obtaining statements from eyewitnesses, photographs, and any other evidence that could help establish the circumstances of the injury. The documentation can differentiate between the new injury and the pre-existing condition.
- Consistent Medical Treatment
Seeking prompt and consistent medical treatment after the incident is essential. It not only aids in recovery but also provides a clear medical timeline that can be used to establish the progression of the injury.
Legal Considerations
In the United States, there is a legal principle known as the ‘eggshell skull’ rule. This rule states that a defendant is responsible for the full extent of the injury that the plaintiff sustained, even if the plaintiff was suffering from a pre-existing condition that worsened the severity of the injury. However, proving that an incident aggravated the pre-existing condition must be substantial evidence. This is where the expertise in hiring personal injury lawyers comes in.
Conclusion
Pre-existing conditions can complicate a personal injury claim but do not necessarily prevent recovery. The proper documentation, expert medical testimony, and experienced legal professionals can help navigate such challenges. Personal injury lawyers can be hired to provide the necessary expertise to ensure that your claim is evaluated correctly and that you receive fair compensation for your injuries.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. The content provided herein is not intended to create, and receipt or viewing does not establish, an attorney-client relationship. Personal injury laws vary by jurisdiction, and the outcome of a claim depends on specific facts and circumstances. If you have a legal issue regarding a personal injury claim, you should consult a qualified attorney for professional advice tailored to your situation.
Published by Anne C.
