Getting injured due to someone else’s negligence can be frustrating. You may be left with medical bills, lost wages, and pain that disrupts your daily life.
Naturally, you’d want fair compensation for your suffering. But what happens if you already had a health condition before the accident?
This is where things can get complicated.
Insurance companies may argue that your injury wasn’t entirely caused by the accident. They might claim that your pre-existing condition is to blame, reducing the amount they’re willing to pay.
A personal injury lawyer from an experienced law firm, like Rosenberg & Gluck LLP, can help you navigate these tricky arguments and fight for the compensation you truly deserve.
What Is a Pre-Existing Condition?
A pre-existing condition is any medical issue you had before the accident occurred. It could be something minor, such as a past sprained ankle, or a more serious condition, like arthritis or chronic back pain. These conditions don’t disappear just because a new injury happens. Instead, they may worsen as a result of the accident.
For example, if you had a herniated disc from years ago and a car crash made it worse, the insurance company may try to argue that your current pain is unrelated to the crash. However, that doesn’t mean you aren’t entitled to compensation.
The “Eggshell Plaintiff” Rule
One important legal concept that protects injury victims with pre-existing conditions is the “eggshell plaintiff” rule. This rule states that a defendant is responsible for the harm they cause, even if the victim was more vulnerable due to a prior health issue.
In simple terms, just because someone has a medical condition doesn’t give the at-fault party an excuse to avoid paying for the new damages.
For example, suppose a person with osteoporosis gets into an accident and suffers a severe fracture. In that case, the at-fault party can’t argue that their weak bones mean they shouldn’t receive compensation. The law holds negligent parties accountable for the full extent of the harm they cause.
How Insurance Companies Handle Pre-Existing Conditions
Insurance adjusters are trained to minimize payouts. If they find out that you had a previous injury or medical issue, they may claim that your current condition isn’t a result of the accident. This can lead to reduced settlement offers or even outright denial of your claim.
To strengthen your case:
- Be honest about your medical history: Hiding past conditions can hurt your credibility.
- Gather medical records: Showing how your condition changed after the accident can prove its impact.
- Get a doctor’s statement: A medical professional can clarify how the accident worsened your pre-existing issue.
The Role of Medical Evidence
Medical records play a key role in proving your case. If you can show clear documentation of your health before and after the accident, it becomes harder for the insurance company to dismiss your claim.
For example, if you had mild knee pain before but now need surgery due to the accident, your doctor’s records can highlight the difference. The more evidence you have, the stronger your case will be.
Why Legal Help Matters
Dealing with pre-existing conditions in a personal injury claim isn’t easy. Insurance companies have legal teams that know how to twist facts in their favor. That’s why having an attorney by your side is so important.
A skilled personal injury lawyer knows how to counter insurance company tactics, gather strong medical evidence, and negotiate for the best possible settlement. They’ll fight to ensure that your pre-existing condition doesn’t unfairly reduce your compensation.
Final Thoughts
Pre-existing conditions can complicate personal injury settlements, but they don’t erase your right to compensation. If an accident worsens your health, you have the right to seek financial recovery for your suffering. By being honest about your medical history, gathering strong evidence, and working with a knowledgeable lawyer, you can improve your chances of getting a fair settlement.
Don’t let insurance companies take advantage of you. Stand up for your rights and make sure you get the compensation you deserve.
