How to Address Pre-Existing Conditions in Personal Injury Claims
When pursuing a personal injury claim, a common challenge victims face is addressing pre-existing conditions. Insurance companies often attempt to use pre-existing conditions as an excuse to minimize or deny compensation. However, a pre-existing condition does not withdraw your eligibility for fair compensation.
At the Law Offices of Steven Zwick, we understand the nature of pre-existing conditions and recognize the impact these conditions can have on your case. If you or someone you know is looking to file a personal injury claim with a pre-existing condition, we can help you build a strong claim to pursue the damages you need.
Understanding Pre-Existing Conditions
A pre-existing condition refers to any medical condition or injury you had prior to the accident in question. Some common examples include chronic back pain, arthritis, past injuries, or prior surgeries. While these conditions existed before the accident, they can often be aggravated or worsened due to someone else's negligence.
Insurance companies often attempt to argue that your injuries are unrelated to the accident and that your current pain or limitations stem solely from your pre-existing condition. This tactic is designed to reduce their liability and limit the compensation you receive. However, California law protects your rights to pursue compensation under the "eggshell plaintiff" doctrine.
The "Eggshell Plaintiff" Doctrine
The “eggshell plaintiff” doctrine establishes that defendants must take victims as they find them. This means that if the at-fault party's actions exacerbate your pre-existing condition, they will be held liable for the full extent of your injuries, even if your injuries involve the worsening or aggravation of a pre-existing condition.
For example, if you suffered chronic neck pain prior to being rear-ended in a car accident, the at-fault driver can still be held accountable if the crash significantly worsened your condition, requiring additional treatment or causing new symptoms.
How to Prove Your Pre-Existing Condition Was Aggravated in an Accident
Proving that an accident aggravated a pre-existing condition often requires substantial evidence. Therefore, it's important to gather the necessary documentation to build a compelling case. Some of the steps you can take to help prove your pre-existing condition was aggravated or worsened by an accident include the following.
Obtain comprehensive medical records: Detailed medical records are used to establish your medical history before and after the accident. Comparing diagnostic reports, treatment plans, and physicians’ notes can demonstrate how the accident worsened your pre-existing condition.
Leverage expert testimony: Consulting with medical professionals, accident reconstruction experts, or other specialists can provide an objective opinion on how the accident affected your health. These experts can clearly explain the causal link between the accident and the worsening of your condition.
Provide objective imaging evidence: Diagnostic imaging, such as X-rays, MRIs, or CT scans, can vividly illustrate the progression of your condition. Show that physical changes occurred as a result of the accident can strengthens your argument that your injuries were aggravated by the incident.
Gather testimony from treating physicians: Your treating physicians can provide powerful testimony regarding your condition. Their firsthand knowledge of your medical history and treatment allows them to explain how your symptoms and limitations evolved after the accident.
Insurance companies will often use pre-existing conditions to sow doubt about the validity of your claim. Presenting clear evidence and expert testimony can help demonstrate that the accident directly contributed to your injuries and resulted in financial and emotional strain.
Potential Compensation for a Personal Injury with Pre-Existing Conditions
Having a pre-existing condition does not diminish your right to seek compensation for your injuries. If you decide to file a personal injury claim, you have a legal right to pursue full and fair compensation for all the damages you have incurred, including the following.
Medical expenses: Whether the treatment involves surgeries, medications, physical therapy, or rehabilitation, you can seek compensation for both past medical bills and future healthcare costs related to your condition.
Lost wages: If your aggravated condition prevents you from working or limits your earning capacity, you can pursue damages for lost wages and future income potential.
Pain and suffering: Worsened symptoms or an aggravated condition can result in significant physical pain and emotional distress. You may be eligible to pursue compensation for any emotional toll the accident has caused.
Loss of enjoyment of life: If your worsened condition affects your ability to perform daily tasks or enjoy activities you once loved, you may be eligible to pursue additional compensation.
Personal injury cases involving pre-existing conditions can be complicated and require detailed knowledge of medical and legal principles. Working with an experienced attorney can hep you protect your rights and pursue the compensation you deserve.
Reach Out to an Experienced Attorney Today
If you or a loved one has been injured and believe the accident has aggravated a pre-existing condition, it's important to reach out to an experienced personal injury attorney as soon as possible. At the Law Offices of Steven Zwick, we are dedicated to guiding you through the claims process with care and compassion. Contact us today to schedule a free consultation.
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