When pursuing a personal injury claim, many people wonder how pre-existing conditions might affect their chances of securing compensation. Whether you suffer from a chronic condition, an old injury, or ongoing medical issues, it’s crucial to understand how these factors can play a role in your case. We will explore how pre-existing conditions influence personal injury claims and why it’s important to seek professional legal advice injury in such situations.
What Are Pre-Existing Conditions?
Pre-existing conditions refer to medical issues that existed before an accident or injury. These conditions could include anything from chronic back pain, arthritis, or previous injuries to mental health issues such as anxiety or depression. When someone with a pre-existing condition experiences a new injury, it can complicate the legal process, as the insurance companies and defense lawyers may argue that the injury is not as severe as it seems, or that it is not related to the accident at all.
For instance, a person with a history of back problems who suffers an injury in a car accident may experience an exacerbation of their existing symptoms. This can lead to more severe pain and longer recovery times, which makes the injury more complicated to assess and claim.
How Do Pre-Existing Conditions Affect a Personal Injury Claim?
A pre-existing condition can impact the outcome of a personal injury claim in several ways. Understanding these potential issues can help you prepare for the process and ensure you’re not caught off guard.
1. Exacerbation of Symptoms
One of the most common issues in personal injury claims involving pre-existing conditions is the aggravation of symptoms. If an accident worsens an existing condition, the insurance company may be responsible for covering the costs related to the exacerbated injury. However, they may try to argue that the pre-existing condition alone caused the injury, reducing the compensation offered.
For example, if someone has a previous shoulder injury that was aggravated in a recent accident, the insurance company might dispute that the accident made the injury worse. In such cases, a personal injury lawyer can help gather medical records, testimonies, and evidence to demonstrate how the accident played a significant role in worsening the condition.
2. Causation of Injury
Insurance companies often seek to minimize the payout of a claim, and one way they may do this is by arguing that the injury was not caused by the accident, but by the pre-existing condition. This is known as the “eggshell plaintiff” rule, which essentially says that a defendant is liable for the full extent of a victim’s injuries, even if the injuries are more severe because of a pre-existing condition.
This rule can be especially important when dealing with complex medical histories. For instance, a person with a history of migraines may suffer an even worse episode following a car accident, and their claim could be challenged based on the severity of the migraine.
3. Insurance Adjusters and Settlement Offers
Insurance companies are in the business of minimizing payouts, so they may try to settle quickly and at a lower amount when there is a pre-existing condition involved. This is often done by attributing part or all of the injury to the pre-existing condition, which reduces the claim’s value.
Insurance adjusters may try to pressure you into accepting a settlement that doesn’t reflect the full extent of your injury, and that’s where professional legal advice injury becomes critical. An experienced injury lawyer will know how to negotiate with insurance companies to ensure you are offered a fair settlement that reflects both the accident’s impact and any aggravation of pre-existing conditions.
4. The Importance of Medical Documentation
In any personal injury case, but especially when pre-existing conditions are involved, medical documentation is crucial. Detailed records from your physician or specialist about your pre-existing condition and the impact of the accident are vital in proving that the accident made your injuries worse.
Without solid medical documentation, it can be difficult to show that the accident contributed to the worsening of your condition. This is where a personal injury attorney can assist you in gathering the necessary evidence to support your claim and present it effectively to the insurance companies or court.
5. How Pre-Existing Conditions Are Handled in Massachusetts
In Massachusetts, the law follows a comparative negligence rule, meaning that if you have a pre-existing condition, your percentage of fault may be reduced based on how much the accident contributed to the injury. If the accident exacerbated your condition, the responsible party is still liable for the additional damages caused by the accident.
However, proving the connection between the accident and the aggravation of a pre-existing condition can be complex. That’s why it’s important to have a personal injury lawyer who can help navigate the intricacies of personal injury law and build a strong case for your claim.
Why You Need a Personal Injury Lawyer
Navigating a personal injury claim involving pre-existing conditions can be tricky. Insurance companies may try to use your medical history against you, which is why it’s essential to work with a skilled lawyer who understands the nuances of these cases.
Here are a few reasons why having a lawyer is especially important when you have a pre-existing condition:
- Understanding Legal Complexities: Personal injury lawyers are familiar with the rules surrounding pre-existing conditions and how they affect claims. They can help you understand your legal rights and how to present your case.
- Negotiation Skills: Insurance companies may try to reduce your settlement offer when pre-existing conditions are involved. A lawyer can help negotiate for a fair settlement based on your specific circumstances.
- Access to Medical Experts: Lawyers often work with medical professionals who can provide expert opinions and testify on how the accident aggravated your condition.
- Stronger Legal Representation: With an attorney on your side, you’ll have someone who can advocate for your interests and ensure you are not shortchanged in the settlement process.
Take the Next Step in Your Personal Injury Claim
If you have a pre-existing condition and have been injured in an accident, it’s crucial to seek professional legal advice injury as soon as possible. A skilled personal injury attorney will help ensure that your rights are protected and that you receive the compensation you deserve. If you’re in Palmer, MA, and looking for personal injury attorneys near you, consider reaching out for a consultation.
