How pre-existing conditions affect personal injury compensation
If you have a pre-existing medical condition, it may complicate your personal injury claim and affect the compensation you receive. Insurance companies often argue that injuries were not caused by accident, so gathering strong medical evidence is crucial. Discover how legal strategies from experts at Armstrong Lee & Baker LLP can help prove the impact of an accident and secure rightful compensation.
Understanding pre-existing conditions in personal injury cases
Pre-existing conditions can significantly impact personal injury claims, often complicating compensation. It is crucial to understand how these conditions are viewed in legal proceedings and how they might affect your case.
Defining pre-existing conditions
A pre-existing condition is any health issue or injury you had before the accident. These can range from chronic illnesses like diabetes or arthritis to previous injuries such as bad back or knee problems. Insurance companies and defense attorneys often scrutinize these conditions closely.
The eggshell plaintiff rule
In personal injury law, there’s a principle known as the “eggshell plaintiff” rule. This states that defendants take the plaintiff as they find them, regardless of pre-existing conditions. In other words, if an accident aggravates or worsens a pre-existing condition, the at-fault party may still be liable for the additional damage.
Documenting the difference
To successfully claim compensation for the aggravation of a pre-existing condition, you’ll need to demonstrate how the accident worsened your condition. This often requires extensive medical documentation comparing your health before and after the incident.
Proving the impact of a pre-existing condition
When dealing with personal injury cases involving pre-existing conditions, the burden of proof lies with you, the injured party. To successfully demonstrate how your pre-existing condition affects your compensation, you’ll need to follow these crucial steps:
Gather comprehensive medical documentation
Collect all relevant medical records, both before and after the incident. This includes doctor’s notes, test results, and treatment plans. These documents will help establish a clear timeline of your health status and how it changed after the injury.
Demonstrate the aggravation of your condition
Clearly illustrate how the accident worsened your pre-existing condition. This may involve comparing your ability to perform daily activities before and after the incident. Armstrong Lee & Baker LLP professionals can help you gather and present this evidence effectively, ensuring that the court or insurance company fully understands the impact on your quality of life.
Strategies for maximizing compensation with a pre-existing condition
Disclose your medical history honestly
Transparency is key when pursuing a personal injury claim. Be upfront with your attorney and medical providers about your pre-existing conditions. This honesty allows your lawyer to build a stronger case by differentiating between old and new injuries.
Seek immediate medical attention
After an accident, promptly seek medical care, even if you think your symptoms are related to a pre-existing condition. Timely documentation helps establish a clear link between the accident and any exacerbation of your condition.
Keep detailed records
Maintain comprehensive records of all medical treatments, expenses, and how the injury has impacted your daily life. This documentation demonstrates the extent of your damages and how the accident has worsened your pre-existing condition.
Work closely with your attorney
Collaborate closely with your legal representation, such as those from Armstrong Lee & Baker LLP. Their expertise in handling cases involving pre-existing conditions can significantly impact the outcome of your claim. They can help gather expert testimonies, navigate complex legal issues, and negotiate effectively with insurance companies to ensure you receive fair compensation for your injuries.
Final thoughts
By working closely with medical professionals and experienced legal counsel, you can effectively demonstrate how an accident exacerbated your pre-existing issues or caused new injuries. Stay proactive in your medical care and maintain detailed records of your symptoms and treatments. Ultimately, understanding the nuances of how pre-existing conditions affect personal injury compensation will empower you to advocate for your rights and pursue the settlement you deserve.