How a Pre-Existing Injury Can Affect Your Personal Injury Case
If you have a pre-existing injury and are pursuing a personal injury claim, you may be wondering how it will impact your case. Insurance companies often scrutinize claims involving pre-existing conditions, but having a prior injury does not mean you are ineligible for compensation. Here’s what you need to know.
The Eggshell Plaintiff Rule
One of the most important legal principles in cases involving pre-existing conditions is the “eggshell plaintiff” rule.
This doctrine states that a defendant is responsible for any harm they cause, even if the victim was more vulnerable due to a pre-existing condition. In other words, if your accident worsens your prior injury, the at-fault party can still be held liable.
This means that you are still entitled to compensation in an accident case if the accident aggravated or exacerbated a prior injury.
Proving Aggravation of a Pre-Existing Injury
To succeed in your personal injury claim, you must demonstrate that the accident aggravated your existing injury. This typically requires:
- Medical records – You must provide a clear history of your condition before and after the accident.
- Doctor’s testimony – A medical professional can establish how the accident worsened your injury.
- Expert analysis – In some cases, an independent medical examination or expert testimony may be needed to distinguish the new damage from your prior condition.
Challenges You May Face
Insurance companies often try to minimize payouts by arguing that your injuries existed before the accident. More specifically, an insurer may claim that your pain or impairment was already present at the time of the accident and unrelated to it.
An insurance adjuster may also argue that your accident did not significantly worsen your condition, and an adjuster may request extensive medical documentation to look for inconsistencies.
How to Strengthen Your Case
If you have a pre-existing condition, taking these steps can help protect your claim:
- Seek immediate medical attention – A doctor’s evaluation right after your accident can document any changes in your condition.
- Be honest about your medical history – Failing to disclose prior injuries can damage your credibility.
- Follow your treatment plan – Consistent medical treatment demonstrates the impact of the accident on your condition.
- Work with an experienced personal injury attorney – Legal guidance can help counter insurance company tactics and strengthen your claim.
Contact Justice Through Compensation for Help
If you or a loved one was injured in an accident, please know that the law firm of Justice Through Compensation is here to help. Our legal team is skilled, experienced, and passionate in their representation. Let us shoulder the burden of an injury claim or lawsuit while you focus on healing from your injuries. Contact us today for the quality legal help you deserve.