How Do Pre-Existing Conditions Affect Injury Claims?
The presence of a pre-existing condition doesn’t eliminate your right to seek compensation, but it does require a careful approach to establish the connection between the incident and the worsening of your condition.
Understanding how pre-existing conditions impact personal injury claims is critical for anyone pursuing compensation. Whether you’ve suffered an aggravated injury to an old condition or a new injury compounded by your health history, you should hire a lawyer in Rhode Island who will work tirelessly to present a compelling case.
At Basso Law LLC, Jessica L. Basso, ESQ focuses on creating strategies that protect clients’ rights and challenge unfair tactics used to reduce claims. Let’s explore the intricacies of how these factors influence your case and the steps needed to move forward confidently.
The Intersection of Pre-Existing Conditions and Personal Injury Claims
When pursuing a personal injury claim, the goal is to secure compensation for injuries caused by someone else’s negligence. Pre-existing conditions don’t disqualify you from seeking compensation, but they add an extra layer of scrutiny.
What Constitutes a Pre-Existing Condition?
A pre-existing condition refers to any medical issue you had before the accident. Common examples include:
Chronic illnesses: Arthritis, asthma, or diabetes.
Prior injuries: Old fractures, surgeries, or sprains.
Degenerative conditions: Age-related issues such as osteoporosis or herniated discs.
Insurance companies review medical records in search of conditions they can link to your current injuries.
The "Eggshell Plaintiff" Doctrine
Even if you have a pre-existing condition, the law protects you. The “eggshell plaintiff” doctrine assures that defendants are fully responsible for injuries they cause, even if the plaintiff was more vulnerable to harm due to a pre-existing condition.
For example, if you have a history of knee problems and a car accident exacerbates the pain, the at-fault party can be held accountable for the aggravated injury.
Proving the Aggravation
To strengthen your claim, you must show that the accident worsened your pre-existing condition. Evidence often includes:
Medical records: Comparisons of your condition before and after the incident.
Professional testimony: A physician’s opinion linking the aggravation to the accident.
Imaging results: X-rays or MRIs that demonstrate changes resulting from the accident.
These details establish a clear connection between the incident and your worsened condition.
How Pre-Existing Conditions Are Challenged
Insurance companies are quick to dispute claims involving pre-existing conditions. Common strategies include:
Downplaying the aggravation: They argue the condition was bound to worsen over time.
Asserting unrelated injuries: They claim your symptoms aren’t linked to the accident.
Minimizing damages: They push for reduced settlements by blaming the pre-existing condition.
Understanding these tactics helps you prepare a strong response.
Building a Strong Personal Injury Case
If you have a pre-existing condition, you can take specific steps to protect your claim and pursue fair compensation.
Transparency Is Key
Honesty about your medical history is essential. Concealing a condition can harm your credibility and weaken your case. Instead:
Disclose all conditions: Provide a complete medical history to your lawyer.
Focus on the changes: Emphasize how the accident worsened your condition.
Collect Thorough Documentation
Evidence is critical in personal injury cases involving pre-existing conditions. Make sure to gather:
Comprehensive medical records: Include documents from before and after the accident.
Doctor’s statements: Highlight changes in your condition following the incident.
Photographic or video evidence: These can support your claims of physical or emotional distress.
Legal Representation Matters
A skilled lawyer can advocate for your rights and challenge unfair arguments from insurance companies. They’ll:
Negotiate settlements: Assuring fair compensation for your injuries.
Work with medical professionals: Strengthening your case through professional testimony.
Common Pre-Existing Conditions in Injury Claims
Certain medical conditions often arise in personal injury claims, as they’re prone to disputes by insurance companies.
Physical Conditions
Back problems: Herniated discs or scoliosis are frequently cited.
Joint injuries: Pre-existing arthritis or prior surgeries can complicate cases.
Neurological issues: Conditions like migraines or epilepsy are scrutinized.
Mental Health Conditions
Emotional injuries, such as anxiety, PTSD, or depression, are equally valid in personal injury claims but often face skepticism. Demonstrating how an accident has impacted mental health requires detailed documentation and medical support.
Factors That Influence Compensation
While pre-existing conditions don’t bar you from recovering damages, they do affect how compensation is calculated.
Aggravation vs. New Injuries
If the accident aggravated a pre-existing condition, you can recover damages for the aggravation. Courts look at:
Severity of the aggravation: How much worse your condition became.
Evidence of causation: Proof that the accident caused the changes.
Treatment costs: Medical bills related to the worsening of your condition.
Apportionment of Damages
In some cases, courts divide compensation based on the extent to which the accident contributed to your injuries. For instance, if your medical costs total $40,000 but only half of the damage is attributed to the accident, you may receive $20,000 in compensation.
Addressing Misconceptions
Many myths surround the issue of pre-existing conditions in personal injury claims. Let’s clear up a few common ones:
"A pre-existing condition means I can’t file a claim": This is false. You’re still entitled to compensation if the condition was aggravated.
"The insurance company has the final say": While adjusters may offer settlements, they’re negotiable, and you have the right to dispute their valuation.
"Mental health issues don’t count": Emotional injuries are just as important as physical ones and deserve consideration in your claim.
Overcoming Pushback From Insurers
If an insurance company disputes your claim, don’t be discouraged. You can take steps to protect your rights:
Hire a lawyer: A lawyer can advocate for fair compensation and push back against unfair tactics.
Seek a second opinion: Additional medical evaluations can strengthen your case.
Document everything: Keeping detailed records helps counter biased arguments.
Preparing for Litigation
While most personal injury claims settle out of court, cases involving pre-existing conditions may require litigation. Preparing for trial involves:
Presenting clear evidence: Medical records and professional testimony are crucial.
Anticipating defenses: The opposition will likely argue that your injuries were unrelated or minor.
Crafting a compelling narrative: Your lawyer will frame the case around how the accident impacted your life.
How Medical Professionals Can Help
Medical professionals are vital in personal injury cases, particularly when pre-existing conditions are involved. They help by:
Providing clarity: Explaining how the accident worsened your condition.
Rebutting claims: Countering arguments from insurance companies.
Strengthening your case: Offering detailed, professional opinions.
How Basso Law LLC Can Help
Pre-existing conditions add a layer of challenge to personal injury claims, but they don’t make fair compensation impossible. At Basso Law LLC, Jessica L. Basso, ESQ works closely with clients to build strong cases that address these challenges. From gathering evidence to working with medical professionals, I’m here to support you every step of the way.
Contact Basso Law LLC Today
If you’ve been injured and are worried about how a pre-existing condition might affect your claim, make sure you reach out to a local law firm. At Basso Law LLC, Jessica L. Basso, ESQ is committed to pursuing fair compensation for clients. Basso Law LLC serves clients throughout Rhode Island. Reach out today to discuss your case.
