If you have sustained injuries because of another person’s negligence, you may want to file a personal injury claim. This claim will let you recover compensation for your damages such as medical expenses, lost income, and pain and suffering. However, what if you have a pre-existing condition? Will this impact the success of your claim and your possible compensation?
Usually, pre-existing conditions complicate personal injury claims, which can leave you apprehensive and confused. But an experienced injury attorney from Law Office of Brian P. Azemika will help you navigate such complexities. They will collect important evidence to prove that your current injury does not have to do with your pre-existing condition.
What are Pre-existing Conditions?
These conditions are health problems, injuries, or medical ailments that occurred before the accident that resulted in your current injury claim. They could vary from past injuries such as a fractured arm to serious problems like asthma, diabetes, and arthritis. It is important to understand the nature and severity of your pre-existing condition to know it could impact your current personal injury claim.
Reasons Pre-Existing Conditions Could Affect Your Claim
A pre-existing condition may not be related to your current health condition; however, it has a bearing on your claim. Insurance providers examine all details of your injury case to limit their payout. They may assert that your current injury is just an aggravation of a pre-existing condition to decrease their financial responsibility.
The Importance of the Eggshell Plaintiff Rule
According to this rule, even if you were especially vulnerable to injury or harm doesn’t change the culpability of the defendant for your injuries. While a rear-end car accident may not cause serious harm to a young motorist, it may send a senior driver to the emergency room. Despite your vulnerability to harm, the responsibility of the defendant to compensate remains. Thus, if a pre-existing condition made you vulnerable to serious injury, this cannot be a reason to reduce your compensation.
Why Comprehensive Documentation is Important
It is imperative to be honest about your pre-existing conditions from the get-go. When you consult with your lawyer or doctors, ensure you disclose your medical history. Usually, medical experts document the link between your new injury and pre-existing condition, if any, giving important evidence for your personal injury case.
A compilation of medical records associated with your current injury and pre-existing condition offers a full picture that distinguishes the ramifications of the recent accident from your existing health problem. Such robust documentation is important when you negotiate with insurance providers.
