The Impact of Pre-Existing Conditions on Your Injury Claim: Legal Perspectives

The Impact of Pre-Existing Conditions on Your Injury Claim: Legal Perspectives

Blog Article

Navigating an injury claim can be a complex and intricate process, particularly when pre-existing conditions are involved. These conditions can significantly affect the outcome of your claim, influencing how insurance companies evaluate and compensate your injuries. This guide provides a comprehensive look at the legal landscape surrounding pre-existing conditions and offers strategic advice for managing their impact on your injury claims

What is Considered a Pre-Existing Condition?
A pre-existing condition is any medical issue that was documented before the incident that led to an injury claim. This might include chronic illnesses such as diabetes or heart disease, conditions like arthritis or back pain, or even previous injuries to the same body part that was affected in the recent incident. Insurance companies meticulously review these prior conditions to potentially argue that the current injury is not entirely new but rather an exacerbation of an existing issue, which can complicate claims significantly.

What is Aggravation of Pre-Existing Conditions/Injuries?
Aggravation of a pre-existing condition occurs when an incident worsens an already existing medical issue. Legally, this concept is crucial because it acknowledges that while the original condition was present before the accident, the accident caused it to deteriorate further. For instance, if someone with a prior mild back injury is involved in a car accident and then suffers severe back pain, the incident didn't create the back condition but significantly worsened it. This distinction is vital in personal injury cases as it impacts the level of compensation that may be awarded.

The Impact of Pre-Existing Conditions on Your Injury Claim: Legal Perspectives
The presence of a pre-existing condition can complicate the process of claiming injury compensation. Here’s how:

Impact on Compensation: Insurers often use pre-existing conditions as a reason to offer lower compensation. They argue that the claimant's current suffering was primarily caused by past conditions, not solely by the incident in question.
Proving Exacerbation: The claimant must prove that the incident exacerbated the pre-existing condition. This is typically done through medical records, expert testimony, and a detailed comparison of the claimant’s condition before and after the incident.

Mitigating Insurance Pushbacks: Insurance companies frequently attempt to minimize compensation by attributing the extent of the injury to pre-existing conditions. Overcoming this requires a clear demonstration of how the incident worsened the condition, distinct from its natural progression.
Maximizing Your Claim: Ensure comprehensive medical evaluations are conducted and use expert testimonies to substantiate how the incident aggravated your condition. This approach not only strengthens your claim but also helps in securing a compensation that truly reflects the damages incurred due to the incident.
The Eggshell Plaintiff Rule: Often central in these cases, this rule stipulates that the frailty of the injured person is not a valid defense against a claim. This means a defendant cannot argue that they are less responsible for the damages just because the injured party had pre-existing conditions.Here