How Your Past Can Impact Your Future: Understanding How Pre-Existing Conditions Affect Personal Injury Settlements

How Your Past Can Impact Your Future: Understanding How Pre-Existing Conditions Affect Personal Injury Settlements

When you're injured due to someone else's negligence, seeking compensation for your damages is a crucial step towards recovery. However, if you have a pre-existing medical condition, you might be concerned about how it will affect your personal injury claim. It's a valid concern. While a pre-existing condition doesn't automatically disqualify you from receiving compensation, it does add a layer of complexity to your case. This blog post will delve into how pre-existing conditions can influence personal injury settlements and what you can do to protect your claim.

What is a Pre-Existing Condition?

A pre-existing condition is any health issue or injury you had before the accident in question. This can include anything from chronic back pain and arthritis to previous fractures, surgeries, or psychological conditions. It's important to understand that these conditions, even if seemingly minor, can play a significant role in how your personal injury claim is evaluated.

The "Eggshell Skull" Rule: Protecting Vulnerable Plaintiffs

The legal system recognizes that some individuals are more susceptible to injury than others. This is encapsulated in the "eggshell skull" rule. This rule states that a defendant is liable for the full extent of a plaintiff's injuries, even if those injuries are more severe than would be expected in a "normal" person due to a pre-existing condition. In simpler terms, if someone with a brittle bone condition suffers a fracture in a minor fender bender that wouldn't typically cause such an injury, the at-fault driver is still responsible for the full cost of treating that fracture.

How Pre-Existing Conditions Complicate Personal Injury Claims

While the eggshell skull rule offers some protection, pre-existing conditions can still complicate personal injury claims in several ways:

* Determining the Extent of New Injuries: One of the biggest challenges is differentiating between new injuries caused by the accident and symptoms related to a pre-existing condition. Insurance companies often try to attribute current pain and suffering to the pre-existing condition, minimizing their payout. For example, someone with prior back problems might experience a significant exacerbation of their pain after a car accident. Proving the accident caused the new or worsened pain, rather than simply being a continuation of the old problem, requires strong evidence.

* Causation: Establishing a clear link between the accident and the current symptoms is paramount. Insurance adjusters may argue that the pre-existing condition, not the accident, is the primary cause of the plaintiff's current pain and limitations. This makes demonstrating causation, the legal link between the defendant's actions and the plaintiff's injuries, more difficult.

* Valuation of Damages: Calculating the value of damages, including medical expenses, lost wages, and pain and suffering, becomes more complex when a pre-existing condition is involved. It requires meticulous documentation and expert testimony to separate the costs associated with the new injury from those related to the pre-existing condition.

* Settlement Negotiations: Insurance companies may offer lower settlements in cases involving pre-existing conditions, believing they can successfully argue that the accident only minimally contributed to the plaintiff's current health issues. This can lead to protracted negotiations and even litigation.

Protecting Your Claim When You Have a Pre-Existing Condition

If you have a pre-existing condition and have been injured in an accident, taking the following steps can help protect your personal injury claim:

* Be Honest and Upfront: Disclose your pre-existing condition to your attorney and your doctor. Transparency is crucial. Hiding information will only hurt your case in the long run.

* Detailed Medical Records: Gather all medical records related to your pre-existing condition before the accident. This provides a baseline to compare your current condition and demonstrate the extent of any aggravation or new injuries.

* Seek Immediate Medical Attention: See a doctor as soon as possible after the accident, even if you think your injuries are minor. This establishes a clear timeline and documents your injuries.

* Explain All Symptoms: Clearly and thoroughly explain all your symptoms to your doctor, including any pain or limitations you are experiencing, even if you believe they are related to your pre-existing condition. Don't minimize your pain.

* Follow Your Doctor's Orders: Adhere to your doctor's treatment plan, including attending all appointments, taking prescribed medications, and following any restrictions or limitations. This demonstrates your commitment to recovery and strengthens your claim.

* Consult with an Experienced Personal Injury Attorney: An experienced personal injury attorney understands the nuances of handling cases involving pre-existing conditions. They can help you gather evidence, establish causation, negotiate with insurance companies, and, if necessary, present your case in court.

* Expert Medical Testimony: In many cases, expert medical testimony is essential to establish the extent of the new injuries, differentiate them from the pre-existing condition, and demonstrate the causal link between the accident and the exacerbation or aggravation of the pre-existing condition.

Don't Let a Pre-Existing Condition Deter You

Having a pre-existing condition doesn't mean you can't pursue a personal injury claim. While it presents challenges, it's not an insurmountable obstacle. With proper documentation, medical evidence, and the guidance of an experienced personal injury attorney, you can effectively present your case and seek the compensation you deserve for the injuries caused by someone else's negligence. Remember, the focus is on the new injuries and any aggravation of your pre-existing condition caused by the accident, not the pre-existing condition itself. Don't let concerns about your past health prevent you from seeking justice for your present injuries.