Personal injury claims are often complex legal matters, especially when pre-existing health conditions are involved. If you're considering pursuing a personal injury claim but have concerns about how your pre-existing condition may affect the outcome, you're not alone. In this blog post, we'll delve into the intricacies of how pre-existing conditions can impact personal injury claims and what steps you can take to protect your rights.
Full Disclosure is Key
When pursuing a personal injury claim, honesty and full disclosure are crucial. Be upfront with your attorney about any pre-existing health conditions you have, as failing to disclose this information can harm your case later on. Your attorney can then develop strategies to address any potential challenges posed by your pre-existing condition during the claims process.
Establishing a Baseline
In personal injury cases involving pre-existing conditions, establishing a baseline for your health before the accident is essential. This baseline can help differentiate between pre-existing injuries or symptoms and new injuries caused by the accident. Medical records, diagnostic tests, and expert medical testimony can all be used to establish this baseline and demonstrate how the accident affected your health.
The Role of Medical Experts
Medical experts play a critical role in personal injury claims involving pre-existing conditions. These experts can provide testimony regarding the extent of your injuries, the impact of the accident on your pre-existing condition, and the prognosis for your recovery. Their expertise can strengthen your case and help establish a clear link between the accident and your injuries.
Mitigating Factors
Insurance companies may attempt to minimize or deny your claim based on your pre-existing condition. However, there are legal strategies available to mitigate their arguments. For example, the "eggshell plaintiff" rule holds defendants responsible for exacerbating pre-existing conditions, regardless of their prior state. Additionally, demonstrating that the accident caused new injuries or worsened your pre-existing condition can strengthen your claim for compensation.
The Importance of Legal Representation
Given the complexities involved, it's advisable to seek experienced legal representation when pursuing a personal injury claim involving pre-existing conditions. An attorney familiar with these types of cases can navigate the legal intricacies, advocate for your rights, and work to secure the maximum compensation you deserve.
While pre-existing conditions can complicate personal injury claims, they do not necessarily prevent you from seeking compensation for your injuries. By being transparent about your health history, working with medical experts, and enlisting the help of an experienced attorney, you can navigate the claims process with confidence and pursue the justice and compensation you deserve.
If you're facing challenges with a personal injury claim involving a pre-existing condition, don't hesitate to reach out to Peterson & Associates P.C.. Our team of dedicated attorneys is here to provide you with the guidance and support you need during this challenging time.
Because when you’re injured, Results Matter!