Pre-existing medical conditions are a common concern in personal injury cases. Whether it’s a previous back injury, arthritis, or another chronic ailment, these conditions can complicate the process of seeking compensation after an accident. However, having a pre-existing condition does not bar you from pursuing a personal injury claim. Understanding how these conditions affect your case is crucial to ensuring you receive fair compensation.
Understanding Pre-Existing Conditions
A pre-existing condition refers to any medical issue or injury that existed before the incident leading to your personal injury claim. Common examples include chronic back pain, prior fractures, arthritis, or previous surgeries. Insurance companies often scrutinize these conditions, arguing that your current symptoms are solely due to your prior health issues rather than the recent accident. This tactic aims to minimize or deny your claim.
The Eggshell Plaintiff Doctrine
The legal system recognizes the “Eggshell Plaintiff” rule, which asserts that a defendant must take a plaintiff as they find them. This means that if you have a pre-existing condition that makes you more susceptible to injury, the defendant is still fully liable for the damages caused by their negligence. For instance, if a minor car accident exacerbates your existing back condition, the at-fault party is responsible for the full extent of the harm caused.
Proving Aggravation of Pre-Existing Conditions
To succeed in a personal injury claim involving a pre-existing condition, you must demonstrate that the accident aggravated your existing ailment. This requires comprehensive medical documentation showing the state of your condition before and after the incident. Medical experts can provide testimony to establish a direct link between the accident and the worsening of your condition. This evidence is vital in countering insurance companies’ attempts to attribute your injuries solely to your pre-existing condition.
Importance of Full Disclosure
Honesty about your medical history is paramount. Failing to disclose a pre-existing condition can severely damage your credibility and jeopardize your claim. Insurance companies will investigate your medical records, and any omission can be construed as an attempt to deceive, potentially leading to a denial of your claim. By being transparent with your attorney and medical providers, you enable them to build a robust case on your behalf.
How Mortlock Law Group Can Assist
Navigating a personal injury claim with a pre-existing condition can be complex. At Mortlock Law Group, we understand the nuances involved in such cases. Our experienced attorneys work diligently to gather the necessary medical evidence, consult with experts, and construct a compelling argument that the accident aggravated your condition. We are committed to ensuring that you receive the compensation you deserve, despite any pre-existing health issues.
Take the Next Step Towards Justice
If you’ve suffered an injury that has worsened a pre-existing condition, don’t let insurance companies diminish your claim. Contact Mortlock Law Group today to schedule a free consultation. Our dedicated team will evaluate your case, explain your legal options, and guide you through the process of securing fair compensation. Let us advocate for your rights and help you move forward with confidence.
