When someone gets injured, pre-existing medical conditions can complicate a personal injury settlement. Insurance companies often use these conditions to argue for lower compensation. However, an existing health issue does not eliminate a person’s right to fair compensation.
Understanding pre-existing conditions
A pre-existing condition is any health problem that existed before the accident. This can include chronic pain, prior surgeries, or even old injuries. Insurance adjusters look closely at pre-existing conditions to determine if the accident made these conditions worse or if the injury was entirely new.
The role of the eggshell plaintiff rule
The “eggshell plaintiff” rule protects injured people who have pre-existing conditions. This rule says that the at-fault party must take the injured person as they are, even if that means the injury becomes more severe because of a pre-existing issue. For example, if someone with a previous back injury gets involved in a car accident that worsens their condition, they are still entitled to compensation for the added harm.
Medical evidence is crucial
Medical records play a significant role in proving the impact of an accident on a pre-existing condition. Doctors’ reports can show how an accident made an existing condition worse or caused a new injury. Clear medical documentation helps determine what portion of the injury was pre-existing and what part resulted from the accident. The better the medical evidence, the stronger the claim for fair compensation.
Insurance tactics to minimize claims
Insurance companies often try to reduce settlements by arguing that the injury was not caused by the accident but was part of a pre-existing condition. They may claim that the injured person would have faced the same medical issues regardless of the accident. Working with an experienced personal injury attorney helps counter these tactics and supports the injured party’s right to fair compensation.
Seeking fair compensation despite pre-existing conditions
Having a pre-existing condition does not mean a person cannot receive compensation. The key lies in proving that the accident made the condition worse. Proper medical documentation and legal support can ensure a fair outcome, even with a complex medical history.
Navigating a personal injury claim with a pre-existing condition can be challenging, but understanding your rights and gathering strong evidence can make all the difference. Don’t let a past health issue prevent you from seeking the justice you deserve.