If you’ve been involved in an accident and suffered an injury in an area where you already had a pre-existing condition, you might wonder if this affects your ability to pursue a personal injury claim. The short answer is: Yes, you can still have a valid case. However, there are specific considerations to keep in mind.
Understanding the "Eggshell Skull" Doctrine
The legal principle known as the "eggshell skull" doctrine is crucial in cases involving pre-existing conditions. This rule states that a defendant must take a plaintiff "as they find them." In other words, if a person has a pre-existing condition that makes them more susceptible to injury, the defendant is still liable for all injuries caused by their negligence, even if the injuries are more severe than what might have been expected in someone without the pre-existing condition.
The Role of Medical Documentation
Successful navigation of a personal injury claim with a pre-existing condition hinges on detailed and precise medical documentation. Here’s what you need:
Medical Records Before and After the Accident: It is essential to have comprehensive medical records that show your condition both before and after the accident. This comparison can help establish how the accident worsened your pre-existing condition.
Expert Medical Opinion: Often, a medical expert’s testimony is crucial in proving that the accident exacerbated your pre-existing condition. An expert can help clarify the extent of the impact of the accident on your existing condition.
Obstacles to Overcome
While you can still file a claim, having a pre-existing condition might introduce certain challenges:
Causation Issues: The defendant may argue that your current injuries were due solely to your pre-existing condition and not the accident. They might claim that they should not be held liable for the pre-existing aspects of your condition.
Compensation Adjustments: Even if it's clear that the accident exacerbated your condition, determining how much of your current condition is due to the exacerbation versus the pre-existing state can complicate the calculation of damages.
Strategies for a Successful Outcome
To bolster your personal injury case when dealing with a pre-existing condition, adopting a proactive and transparent approach is key. Firstly, full disclosure of your pre-existing conditions is essential. Concealing this information can seriously undermine your credibility and weaken your case. By being upfront about your medical history, you establish a foundation of trust and prevent any surprises that could sway the court against you.
Equally important is the consistency of your treatment. You must diligently follow all medical advice and treatment plans related to your pre-existing condition. Any gaps in treatment could be pointed out by the defense to argue that your condition was not actually exacerbated by the accident. Consistent medical care not only aids your recovery but also strengthens your legal claim by demonstrating the impact of the accident on your health.
Lastly, engaging a skilled personal injury law firm, such as Phillips & Associates, is vital. Navigating the complexities of a personal injury claim, particularly when pre-existing conditions are involved, requires professional expertise. A competent attorney will help argue against any reductions in liability, ensuring that you receive full and fair compensation for the exacerbation of your injuries due to the accident.
Conclusion
Having a pre-existing condition certainly does not bar you from seeking compensation if you are injured in an accident. However, it does require careful handling to ensure that the impact of the accident on your pre-existing condition is clearly demonstrated and appropriately compensated. With the right approach and professional guidance from Phillips & Associates, you can pursue your personal injury claim and achieve a successful outcome.
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