How does a pre-existing condition affect a personal injury claim?

Did the accident worsen your existing health issues?

A personal injury claim is a lawsuit that you file if you’ve ever had to suffer from physical or emotional damages because of another person or entity.

Whether the harm was caused by negligence, reckless conduct, or intentional misconduct, you have the right to sue the party responsible for causing you harm.

If you have pre-existing conditions, exacerbated by the accident, the damages will often result in additional medical bills.

The harm that the other party has caused you can further diminish your quality of life.

Generally, though, seriously injury victims with illnesses before the accident aren't eligible for compensation for those pre-existing conditions.

However, the damage caused by the accident that may have worsened your health issues may entitle you to compensation.

The eggshell rule in a personal injury case means that if a negligent act exacerbates your condition, you are entitled to compensation for that.

Your physical condition must be taken as you are at the time of injury.

This doesn't prevent the defendant's lawyers and insurance companies from arguing your current injuries stem from your pre-existing conditions so that they won't have to pay as much.

Thankfully, good accident injury lawyers, will study your medical history and assess which pre-existing condition was exacerbated by the situation so that you can get the appropriate compensation.

Pre-existing conditions are illnesses that you’ve already had before you went through the unfortunate incident.

This can be any health issue – from common ones, like chronic back pain and migraines, to diseases, such as epilepsy, diabetes, and even cancer.

These conditions have already hampered your ability to live your life normally.

Add that to the stress of recovering from someone else’s neglect or intentional misconduct, then you can be qualified for a massive compensation to make up for your current and future losses.

If you’re not careful and you don't disclose your medical history with your lawyer, the defendant’s lawyer and insurance team can twist the situation to their advantage.

With this, they can just pay for the medical bills involving your broken pelvis and claim that you’ve always experienced dizziness prior to the accident since you have diabetes, which means that your blood sugar level spikes and drops irregularly.

Look for legal professionals whom you can be comfortable in sharing your medical history with and you can trust to represent you in court, with years of experience in the field. For example, your legal team should be familiar with local tort reform laws, which puts a limit on the compensation that victims of civil lawsuits, like personal injury, receive.

What if a car accident aggravated pre-existing condition?

In cases where pre-existing conditions were aggravated requiring further medical treatment after an accident your attorneys can argue that your worsening condition was accident-related.

Your legal team will have to prove the complications were accident-related.

A thorough medical assessment from a medical professional will be needed to provide evidence to clearly tie your worsening condition to the injury event.

This often requires scouring through thousands of pages of medical records to build a case that the accident caused your health to worsen and not your pre-existing conditions.

The insurance company will scrutinize your treatment plan and may argue that the condition is unrelated and they aren't responsible to recoup the medical expenses for the treatment plan. A skilled injury attorney will be able to position your case to clearly show the accident-related harm suffered caused the worsening of your previous condition.

Take pictures of the scene of the car accident as well as your injuries. Don’t forget to collect the names and contact information of witnesses if ever the case goes to trial. Get a copy of the police report as soon as possible, too.

2. Consult a Doctor

Another aspect of preserving the evidence is to see a doctor after an accident right away so that you can get an accurate assessment of the physical damages you incurred from the incident. Your physician and other health professionals, like dentists and medical technicians, can document the injuries you sustained and create a treatment plan.

You need to know how much your recovery costs so that you can ask for a fair payment. Make sure that you take into consideration future losses that you’ll be facing if you have a more permanent injury. You may have difficulty looking for work if you become disabled or develop mental illnesses.

3. Know Your Claims

There are different types of claims, so don’t immediately assume that you’re limited to just one or two. This is why it’s crucial that you enlist the help of a reliable legal team. These professionals have the technical knowledge and experience in spotting the kinds of injuries and losses you have.

4. Be Honest with Your Lawyer

Lastly, for you to get the maximum possible compensation for your personal injury lawsuit, you must be transparent with all the aspects of the case with your attorney. You must answer all their questions honestly and work with them every step of the way.

There’s no room for embarrassment over your pre-existing conditions. You can trust that these legal professionals have your best interests at heart. They’re also bound by ethics and the lawyer-client confidentiality clause to ensure that whatever you divulge during consultation won’t be shared with anyone else.