Pre-existing conditions can be both detrimental and beneficial in personal injury lawsuits. It all depends on the manner in which they are handled after your accident. In general, accident victims with any pre-existing injuries don’t receive compensation for those conditions that did not result from the accident. Stemming from this, you may seek compensation for your pre-existing conditions if the accident worsened them. Accident victims may also be entitled to receive damages for psychological conditions, such as anxiety and PTSD along with their aggravated injuries. Furthermore, it’s vital that you have your pre-existing injuries and medical history well-documented before and after the accident. Your personal injury attorney will play a critical role in using the right medical experts to establish the degree to which the injury was aggravated. You should speak with a qualified personal injury attorney if you are worried about how a pre-existing condition may impact your claim for damages. The Eggshell Plaintiff Doctrine Imagine an individual has an eggshell-thin skull (e.g. something preexisting that made them more susceptible). The person that caused the injury probably did not have any reason to know this. In relation to this, they did injure the victim because of their negligent actions. Victims with eggshell-thin skulls suffer extensive injuries and damages as compared to the average person. The victim, as per the Eggshell Plaintiff Doctrine, can hold the defendant liable for those damages that occur as a result of their negligence. This is regardless of whether they were aware of the pre-existing condition or not. An important takeaway from this doctrine is that you should not double-think your opportunity to pursue a personal injury lawsuit just because you have pre-existing conditions. Importance of Regular Medical Checkups Pre-existing conditions can actually benefit your claim if you have a well-documented history of it. The doctor will pinpoint injuries caused by the accident when you file a personal injury claim. They will also highlight the pre-existing conditions that have become aggravated because of the accident. It is easier to make this analysis when the doctor has a medical record history for comparison purposes. The insurance company may find it easy to refute your claim if you have a poorly documented or undocumented pre-existing injury. Don’t Hide Your Pre-existing Injuries It can get tempting to hide your pre-existing condition if you don’t have your medical history well-documented. However, it is never a good idea to do this. You should never try to include a pre-existing condition in the list of injuries sustained because of the accident. You should be as honest as possible about any pre-existing injury and condition while speaking with your personal injury attorney and post-accident physician.
Consult with a Knowledgeable Personal Injury Attorney Today Nothing is more important than documenting your medical history for establishing the actual value of your claim. You should get in touch with the experienced attorneys at the Walton Law if you have pre-existing conditions and suffered a personal injury. We can advise you on the best possible legal course to take. Schedule your free and no-obligations case review with our attorneys today. Call us at (866) 338-7079 or contact us online.
Impact of Pre-existing Conditions On a Personal Injury Claim