The Impact of Pre-Existing Conditions on Personal Injury Lawsuits
Being injured in an accident can turn life upside down. For those already managing a medical condition, the situation can feel even more frustrating. Many people worry that their pre-existing health issues will prevent them from receiving compensation. The truth is, having a pre-existing condition doesn’t disqualify someone from pursuing justice.
For residents of Providence, Rhode Island, Basso Law LLC, led by attorney Jessica Basso, helps clients every day who face this challenge. Here, she’ll explain how pre-existing conditions may impact a personal injury lawsuit. Reach out to Basso Law LLC today to discuss your personal injury case and protect your rights.
What’s Considered a Pre-Existing Condition?
A pre-existing condition is any medical issue that existed before an accident occurred. It could be a chronic illness, an old injury, or even a condition that was well-managed before being aggravated by a new incident. Insurance companies often try to use these conditions to downplay the extent to which the accident affected a person’s health.
Examples of pre-existing conditions include back injuries, arthritis, asthma, and mental health disorders. Even if a person has lived with one of these issues for years, a sudden accident can make it significantly worse. The law recognizes that victims are entitled to compensation for new harm, including any aggravation of an old condition.
Having a pre-existing condition doesn’t mean someone can’t file a personal injury claim; it simply adds another layer of consideration. What matters most is showing how the accident directly worsened the individual’s health or caused new limitations. Documenting medical history and changes in symptoms is essential to demonstrate the impact of the accident clearly
How Pre-Existing Conditions Affect Personal Injury Cases
Pre-existing conditions often influence both the value and difficulty of a personal injury case. Insurance companies may argue that an accident didn’t cause new damage but merely revealed an already existing issue. Without proper evidence, victims might receive lower settlements than they may be entitled to in their situation.
An experienced personal injury attorney can help establish the difference between the client’s condition before and after the accident. Medical records, expert opinions, and witness testimony all play key roles in demonstrating that the accident caused measurable changes. When handled properly, these cases can still lead to substantial compensation.
Ultimately, the goal is to show that the at-fault party should still be held responsible for the aggravation of an existing injury. The right legal strategy focuses on proving that the accident had a real, measurable impact on the victim’s quality of life. To discuss your specific situation, contact attorney Jessica Basso at Basso Law LLC today.
Common Types of Pre-Existing Conditions That Can Be Aggravated
Certain health issues are more likely to be affected by accidents, particularly those involving physical trauma. While no two cases are identical, there are several conditions frequently discussed in personal injury lawsuits involving pre-existing health problems. Examples of common pre-existing conditions include the following:
Back and neck injuries: Old sprains, herniated discs, or whiplash can become more painful after a new accident.
Arthritis: This degenerative condition may accelerate or worsen after physical trauma.
Previous fractures: A bone that healed years ago can be re-injured or weakened.
Mental health conditions: Anxiety, depression, or PTSD can intensify after a traumatic event.
Chronic pain syndromes: Conditions such as fibromyalgia may flare up under new stress or injury.
Each of these conditions can significantly affect recovery time and the level of compensation. It’s essential to show how symptoms worsened or new complications developed after the accident. Proper medical documentation helps illustrate the true extent of harm caused. Working closely with an experienced personal injury lawyer can help organize this evidence.
Before moving to the next step in a claim, victims should gather all medical information related to both their previous and current conditions. This helps create a clear comparison for the court or insurance company. Keeping thorough records makes sure that nothing is overlooked when proving the accident’s impact on the pre-existing condition.
Why Full Disclosure Matters
Some clients hesitate to share details about their medical history out of fear that it’ll weaken their claim. However, failing to disclose pre-existing conditions can backfire later. When insurance adjusters discover undisclosed issues, they may accuse the injured party of dishonesty, which could damage credibility and reduce settlement offers.
Honesty with one’s attorney allows for a stronger and more strategic approach. Experienced personal injury lawyers can prepare evidence to show that the condition was stable before the accident and worsened as a direct result of another party’s negligence. This transparency also helps build trust between the client, the attorney, and the medical professionals involved.
How Insurance Companies Respond to Pre-Existing Conditions
Insurance companies often try to minimize payouts when pre-existing conditions are involved. They may argue that the accident didn’t cause new harm or that the injury would have occurred regardless. These tactics are common and can be discouraging for accident victims who are simply trying to recover. Common strategies used by insurers include the following:
Requesting extensive medical records: Adjusters may look for past injuries or conditions to attribute symptoms to previous causes.
Downplaying new injuries: They might claim the accident didn’t worsen the existing condition.
Delaying claims: Some insurers use slow response times to pressure victims into accepting smaller settlements.
Offering low initial settlements: They may propose unfair compensation based on partial medical interpretations.
Victims shouldn’t have to face these tactics alone. An experienced personal injury attorney like Jessica Basso can counter these arguments by presenting thorough medical documentation and testimony from healthcare providers. This approach keeps insurance companies accountable for the harm truly caused by the incident.
The “Eggshell Plaintiff” Doctrine
A key legal principle called the “eggshell plaintiff” doctrine plays an important role in these cases. It states that a defendant must take the injured person as they are, meaning they’re responsible for all damages their actions cause, even if the victim was more susceptible to injury due to a pre-existing condition.
This doctrine recognizes that everyone’s health is different. A mild impact that barely affects one person might cause serious complications for another. The law doesn’t allow defendants to avoid responsibility simply because the victim was already vulnerable. This principle offers critical protection for individuals dealing with aggravated medical conditions.
Proving That an Accident Worsened a Pre-Existing Condition
Proving aggravation requires detailed evidence. Medical records are often the cornerstone of this process, but additional forms of documentation strengthen the argument. Each piece helps establish a timeline showing how the victim’s health declined after the accident. Helpful types of evidence include the following documents:
Recent medical evaluations: These highlight changes in symptoms or physical limitations.
Testimony from treating physicians: Doctors can explain how the accident caused measurable worsening of the condition.
Diagnostic imaging or tests: X-rays, MRIs, and other scans can reveal new or aggravated injuries.
Employment or lifestyle records: Documentation showing lost work time or reduced activity supports the claim of worsening.
Witness statements: Friends, family, or coworkers can testify about visible changes in the person’s condition.
When all this evidence is combined, it paints a clear picture of how the accident impacted the victim’s life. This approach helps counter insurance company arguments and increases the chances of securing fair compensation. A strong evidentiary record can also encourage defendants to settle rather than risk trial, reducing emotional stress for the injured person.
How Medical Experts Strengthen a Case
Medical experts often play an essential role in explaining how an accident affected a pre-existing condition. Their professional analysis provides clarity for judges, juries, and insurance adjusters. They help distinguish between the natural progression of an illness and trauma-related aggravation.
Expert testimony is instrumental in cases involving complicated medical issues. Specialists in orthopedics, neurology, or psychiatry can provide objective opinions about the connection between the accident and worsened symptoms. Their insights often carry significant weight in court by demonstrating the legitimacy of a personal injury claim.
Speak With a Knowledgeable Personal Injury Lawyer Today
Living with a pre-existing condition can already be challenging. When someone else’s negligence makes things worse, it’s natural to feel discouraged or uncertain about what to do next. You don’t have to face the next steps alone; legal help can make all the difference in your recovery, both physical and financial.
For those in Providence and the surrounding areas, Basso Law LLC offers experienced representation in personal injury cases involving pre-existing conditions. Attorney Jessica Basso understands the nuances of these claims and fights for justice on behalf of every client. Reach out to Basso Law LLC to schedule a consultation and protect your rights.
