Are you worried about how a pre-existing injury will affect your pre-existing injury settlement after a new accident? This guide explains the impact on your claim and the steps to ensure fair compensation. Learn about key documentation, legal protections, and effective strategies for a pre-existing injury settlement.
Understanding Pre-Existing Injuries in Personal Injury Claims
What is considered a pre-existing injury? When it comes to personal injury claims, pre-existing conditions can add a layer of difficulty that many people don’t anticipate. A pre-existing health condition or injury is any health issue that existed before the accident in question. These can range from chronic back pain to degenerative disc disease or even mental health conditions like anxiety or depression. Pre-existing conditions do not prevent you from pursuing compensation for a new injury or exacerbating your existing condition.
Pre-existing injuries have the potential to complicate personal injury claims. Consider this a key point when moving forward with legal action. Insurance companies may argue that your pain and suffering are due to your pre-existing injury rather than the recent accident. This is where the challenge lies: distinguishing between your pre-existing condition and the new injuries or exacerbation caused by the accident. Insurance adjusters frequently employ this strategy to reduce the compensation they must pay in your insurance claim.
Constructing a strong case requires meticulous medical records. These records are used as a before-and-after snapshot of your health, showing how your condition has changed since the accident injury. Regular updates from your doctors can demonstrate how your pre-existing condition was stable before the incident. It also shows how the condition has worsened or been aggravated as a direct result of the accident. This documentation is your strongest ally in proving the extent of harm caused by the recent event and ensuring you receive fair compensation for your injuries.
Types of Pre-Existing Conditions That Affect Settlements
Unsure of how insurers assess pre-existing health issues? When it comes to personal injury settlements, a wide range of pre-existing conditions can come into play, each potentially affecting the outcome in unique ways. Some common pre-existing health issues that can impact settlements include:
- Heart disease, which could be exacerbated by the stress of an accident
- Chronic back pain that might be aggravated by a car crash
- Degenerative disc disease, which can be difficult to distinguish from injuries caused by the accident
- Arthritis, particularly in cases involving joint injuries
These chronic physical conditions can complicate personal injury cases and may require additional evidence and trusted testimony. These can help determine the extent of the impact on the plaintiff’s health and the damages they are entitled to.
Mental Health and Pre-existing Conditions
Mental or emotional health conditions also play a significant role in personal injury settlements. Pre-existing conditions such as depression or anxiety can be intensified by a traumatic event like a car accident or a slip and fall incident. These conditions can affect not only the victim’s ability to recover physically but also their overall quality of life following the accident. Bear in mind that mental health conditions, although less apparent than physical injuries, hold equal validity in personal injury claims and can substantially influence settlement amounts.
Comprehending the impact of these diverse pre-existing conditions on settlements is key for both plaintiffs and their lawyers. Each condition presents unique challenges in proving causation and determining the extent of aggravation caused by the accident. For instance, a person with a pre-existing back injury who is involved in a car crash may face scrutiny over whether their current pain is due to the accident or their prior condition.
Similarly, someone with a history of anxiety might need to demonstrate how the accident exacerbated their symptoms beyond their usual state. The difficulty of such cases highlights the significance of comprehensive medical documentation and trusted testimony in strengthening the case for equitable compensation.
Impact of Pre-Existing Injuries on Settlement Calculations
What is the impact of pre-existing conditions on claim settlements? Pre-existing injuries can significantly influence settlement amounts in personal injury cases, often introducing complicated challenges in establishing causation. When a person with a pre-existing condition, such as a chronic back injury, is involved in an accident, it can be difficult to determine the extent to which the new incident has worsened their condition. This difficulty can lead to heated debates over compensation, as insurance companies may attempt to attribute a larger portion of the current symptoms to the pre-existing condition rather than the recent accident.
Nevertheless, you should remember that a pre-existing condition doesn’t disqualify you from obtaining compensation. In fact, if your pre-existing condition is aggravated or made worse due to the accident, you may be entitled to compensation for this exacerbation. The key lies in properly evaluating and determining the damages that can be directly attributed to the current accident. This often requires a careful analysis of your medical history before and after the incident, as well as trusted medical opinions to differentiate between prior and new injuries.
Strategies for Maximizing Your Pre-Existing Injury Settlement
Insurance adjusters often employ various tactics to minimize payouts in cases involving pre-existing conditions. For example, if you have arthritis and were involved in a car accident that resulted in a broken arm, the insurance adjuster might argue that your arthritis contributed to the severity of the injury. This thereby reduces the compensation amount. They may also try to argue that your pain and suffering are primarily related to your pre-existing condition rather than the recent accident. These tactics emphasize the necessity of robust medical evidence and trusted testimony to back up your claim.
To refute these arguments and secure equitable compensation, you should gather extensive evidence. This may include detailed medical records, trusted medical opinions, and even photographic or video evidence demonstrating the impact of the accident on your condition. For instance, if you had a pre-existing back injury but were able to work and engage in regular activities before the accident, evidence of your pre-accident lifestyle can be powerful in showing how the recent incident has worsened your condition. An experienced personal injury attorney can help you gather and present this evidence effectively, challenging any attempts by the insurance company to reduce your compensation based on your pre-existing condition unfairly.
The Role of Medical Evidence
Medical evidence determines the extent of harm caused by the accident in personal injury cases involving pre-existing conditions. Comprehensive medical examination records are the foundation of a strong claim, providing a clear picture of the claimant’s health before and after the incident. These records are used as a timeline, demonstrating the history and severity of any pre-existing conditions prior to the accident. In addition, they document how these conditions may have been exacerbated by the recent event. For instance, if you had a pre-existing back injury, your medical records would show its status before the accident and how it changed afterward, helping to prove that the accident aggravated your condition.
Medical documentation is also important in distinguishing between injuries caused by the accident and those related to pre-existing conditions. This differentiation is the heart of disputes with insurance companies. Insurers may attempt to attribute all of your current symptoms to your pre-existing condition. Detailed medical reports, diagnostic imaging, and treatment plans provide concrete evidence of new injuries or the worsening of existing ones as a direct result of the accident. For example, if you had arthritis in your knee before a car crash but now require surgery due to additional damage from the accident, your medical records establish this progression.
Medical Testimony and Expert Opinion
In these cases, trusted medical testimony frequently fulfills an important role. Experienced personal injury attorneys typically have access to medical experts who can provide professional opinions on how the accident has impacted your pre-existing condition. These experts can explain complicated medical concepts to judges and juries, establishing causation and the extent of aggravation caused by the accident. They can also counter-arguments from insurance companies that attempt to downplay the impact of the accident on your health. This trusted testimony, combined with comprehensive medical records, forms a powerful basis for your claim. In addition, they increase your chances of receiving fair compensation for the full extent of your injuries, including any exacerbation of pre-existing conditions.
Legal Doctrines Protecting Plaintiffs with Pre-Existing Conditions
In personal injury cases involving pre-existing conditions, the ‘eggshell plaintiff doctrine,’ a potent legal principle, offers essential protection for plaintiffs. Also known as the thin skull rule or the talem qualem rule, this doctrine states that defendants must take their victims as they find them. If a person with a pre-existing condition is injured, the defendant is responsible for the full extent of the harm caused. This is true even if the injuries are more severe than they would have been in a person without that pre-existing condition.
This legal principle prevents defendants from using a plaintiff’s pre-existing condition as a shield to avoid full liability. For instance, if someone with a degenerative disc disease is involved in a car accident that exacerbates their condition, the at-fault party can’t argue that they should only be responsible for the injuries a “normal” person would have sustained. Instead, they’re liable for all injuries caused, including the aggravation of the pre-existing condition. This doctrine provides that individuals with pre-existing conditions should not be unfairly disadvantaged in personal injury cases when seeking compensation. Therefore, understanding how pre-existing injury settlements are calculated becomes key in these scenarios to make sure plaintiffs receive fair compensation.
Eggshell Plaintiff Doctrine on Pre-Existing Injury Settlements
It’s worth noting that the eggshell plaintiff rule applies even if the defendant was unaware of the plaintiff’s pre-existing condition at the time of the incident. This means a defendant can’t claim ignorance of the plaintiff’s vulnerability as a defense. While the specific application of this rule may vary somewhat by state and the details of each case, it’s a principle that’s recognized to some extent in every U.S. jurisdiction.
This doctrine often comes into play in various types of personal injury cases. However, it’s relevant in situations where individuals with conditions like brittle bone disease or hemophilia suffer more severe injuries than the average person would. By protecting the rights of these more vulnerable plaintiffs, the doctrine ensures fair compensation in personal injury cases involving pre-existing conditions. As a result, pre-existing injury settlements must be meticulously calculated to account for the full extent of the harm caused. This also includes the exacerbation of any pre-existing conditions. This comprehensive approach helps guarantee that plaintiffs receive the compensation they deserve, reflecting the true impact of the defendant’s negligence on their overall health.
Importance of Full Disclosure of Pre-Existing Conditions
In pursuing a personal injury claim, it’s important to comprehend the significance of fully disclosing any pre-existing conditions. Downplaying or omitting information about prior health problems and issues has serious consequences for your claim. Insurance companies, especially those providing health insurance coverage, are thorough in their investigations. Non-disclosure of pre-existing conditions can lead to them rejecting your injury claim outright. This not only jeopardizes your chances of receiving fair compensation but also potentially exposes you to legal repercussions. This may include charges of insurance fraud.
Full disclosure of pre-existing conditions is actually used to strengthen your case rather than weaken it. By providing a complete and accurate medical history, you create a clear timeline that distinguishes between your pre-existing conditions and the injuries sustained in the recent accident. This transparency allows for a fair determination of compensation, taking into account how the accident has impacted your overall health status and quality of life. It also demonstrates your credibility and good faith in pursuing the claim. This can be invaluable when negotiating with insurance companies or presenting your case in court.
Essential for Medical Care and Treatment
Moreover, disclosing pre-existing conditions is essential for ensuring you receive appropriate medical care. By informing your healthcare providers about your complete medical history, they can provide medical attention tailored to your specific needs and circumstances. This includes any pre-existing conditions you may have. This not only contributes to your recovery but also helps in documenting how the recent accident has affected your pre-existing conditions. This can also be considered as key evidence in your personal injury claim.
Remember, your personal injury attorney needs to be fully informed about your medical history to effectively manage your case. In addition, this can help them differentiate between pre-existing and accident-related injuries. This allows them to build a stronger case and counter any attempts by insurance companies to use your pre-existing conditions to minimize your compensation.
Guide to Insurance Company Tactics
In handling personal injury claims involving pre-existing conditions, it’s essential to recognize the strategies often employed by insurance companies. Insurance companies are known for their thorough scrutiny of a claimant’s medical history. They actively seek to identify any pre-existing conditions that could be related to the current injury. Their goal is to minimize payout by attributing as much of the suffering to these pre-existing conditions rather than the accident in question.
One common tactic used by health insurance companies is to use interrogatories and depositions to explore a claimant’s prior injuries. These legal tools allow them to dig deep into your medical history. By looking for any information, they could potentially reduce their liability by offering low settlement amounts. Additionally, health insurance companies might request independent medical reviews to assess the relationship between pre-existing conditions and current injuries. While these reviews are supposed to be impartial, they can sometimes be skewed in favor of the insurance company’s interests.
Using these tactics can be challenging, especially for those unfamiliar with the intricacies of personal injury law. This is where the expertise of a reputable attorney becomes invaluable. An experienced personal injury lawyer can:
- Effectively challenge the arguments put forth by insurance adjusters who attempt to use pre-existing conditions to reduce compensation
- Present your case in a way that demonstrates how the recent accident has exacerbated your condition or caused new injuries
- Provide fair compensation for all the harm you’ve suffered
Frequently Asked Questions
Can I still file a personal injury claim if I have a pre-existing condition?
Yes, you can file a personal injury claim with a pre-existing condition. However, this is true only if you show how the accident worsened your condition or led to new injuries.
How does the ‘eggshell plaintiff doctrine’ protect me if I have a pre-existing condition?
The ‘eggshell plaintiff doctrine’ protects you by holding the defendant responsible for all injuries caused. This is true even if they’re more severe due to your pre-existing condition. This doctrine allows you to seek compensation for the full extent of your injuries.
Should I disclose my pre-existing conditions to my doctor and attorney?
Yes, disclosing your pre-existing conditions to both your doctor and attorney is important. Disclosing is integral for receiving proper medical treatment and care and building a stronger legal case.
How can an experienced personal injury attorney help with my case involving pre-existing conditions?
An experienced personal injury attorney can help by using legal and insurance issues and countering insurance company tactics. This ensures fair compensation for all injuries, including exacerbation of pre-existing conditions. With their expertise in gathering and presenting strong medical evidence, they can greatly benefit your case.
Will my pre-existing condition reduce the amount of compensation I can receive?
It is possible that your pre-existing condition may not necessarily reduce the amount of compensation you can receive. A skilled attorney can demonstrate how the accident has worsened your condition or caused new injuries. This potentially increases your compensation.
Contact a Chicago Personal Injury Attorney
At JJ Legal, our Chicago personal injury attorneys can prove indispensable in handling personal injury claims involving pre-existing medical conditions. These legal professionals are well-versed in the difficulties of such cases and can provide detailed guidance throughout the entire process. They understand how to:
- Build a strong case that accounts for both your pre-existing conditions and the new injuries or exacerbations caused by the recent accident
- Gather evidence to support your claim
- Negotiate with insurance companies on your behalf
- Advocate for your rights in court, if necessary
By working with our team, you can trust that your pre-existing conditions are properly considered. Furthermore, a skilled personal injury attorney at JJ Legal can provide fair compensation for all aspects of your injury. This includes:
- immediate medical bills
- ongoing treatment costs
- pain and suffering
- lost wages caused by another person’s negligence
They can leverage their experience and knowledge to value your claim and negotiate effectively and accurately with insurance companies. Contact us at 312-200-2000 for a free case review.
