Filing a Personal Injury Claim with a Pre-Existing Condition

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Personal injury claims are daunting and complex, particularly when you have a pre-existing condition. You can still file a personal injury claim with a pre-existing condition, but you may face many more challenges. You may have your claim denied for a pre-existing condition, as the insurer may argue that your accident did not cause your injuries. Having a pre-existing condition should not disqualify you from obtaining the compensation you deserve. Below, one of our California personal injury lawyers explains further.

What is a Pre-Existing Condition?

A pre-existing condition is any medical condition or health issue a person suffers from before sustaining a new injury or exacerbating their pre-existing injury. Some common examples of pre-existing conditions are as follows:

  • Chronic illnesses: Illnesses such as arthritis, asthma, heart disease, and diabetes are all pre-existing conditions that can worsen a new injury.
  • Past injuries: Previous injuries to the knee, back, or old fractures can have residual effects and can worsen during an accident or due to a new injury.
  • Degenerative health problems: Issues such as degenerative disc disease and osteoporosis naturally become worse over time.
  • Mental health issues: Pre-existing mental health conditions can include anxiety, depression, and post-traumatic stress disorder (PTSD).

No one should have a personal injury claim denied for a pre-existing condition alone. Unfortunately, these injuries and conditions can make filing a claim more difficult.

How Pre-Existing Conditions Impact Personal Injury Claims

Pre-existing conditions impact personal injury claims in several ways. These are as follows:

  • Causation: You can still file a personal injury claim with a pre-existing condition. However, you will have to prove that the accident caused your injuries, not a pre-existing condition, or that the accident worsened your pre-existing condition.
  • Impact on Damages: A pre-existing condition can impact the amount of damages you receive in a personal injury claim. While you are not entitled to damages for your pre-existing condition on its own, you are entitled to damages if someone else caused an accident that exacerbated your pre-existing condition. You will need sufficient evidence, such as medical documentation, to differentiate between new injuries and exacerbated pre-existing conditions.
  • Medical evidence: Expert medical testimony and thorough medical records are required to prove the extent of your new injuries and how they have impacted your pre-existing condition. Many people do not know how to obtain expert medical testimony, which is why working with an attorney is essential.

It is crucial to understand how a pre-existing condition will impact your personal injury claim. You deserve fair compensation for your injuries when they were caused by another person’s negligence, even if you have a pre-existing condition.

Legal Doctrines that Impact Personal Injury Claims and Pre-Existing Conditions

Plaintiffs, or accident victims who file a lawsuit, are still expected to obtain a fair outcome even when they have a pre-existing condition. There are several legal doctrines that impact personal injury claims and pre-existing conditions to ensure fairness. These are as follows:

  • Compensation for aggravation: If a pre-existing condition is aggravated or worsened by an accident, you can file a claim for compensation against the negligent party who caused your condition to become exacerbated. Compensation will cover the increased severity of the condition caused by the accident.
  • Burden of proof: As the plaintiff, you still have the burden of proof, which means you must provide evidence that the accident made your pre-existing condition worse. This typically requires expert witness testimony and comprehensive medical records to fully establish the impact of the new injury on your health.
  • Eggshell rule: The Eggshell rule is an important legal doctrine in personal injury law. The doctrine states that defendants must accept accident victims as they find them. Essentially, even when a plaintiff has a pre-existing condition that leaves them more vulnerable to injury, the defendant is still responsible for paying damages caused by their careless actions.

When filing a personal injury claim, it is critical to understand how any pre-existing condition will impact the case. An experienced attorney can handle these types of complex cases and provide the support you need to receive fair compensation.

Medical Evidence Required in Cases Involving Pre-Existing Conditions

Medical evidence is the foundation of many personal injury claims. This is particularly true when accident victims have pre-existing conditions. Medical evidence provides a factual, objective basis for understanding the extent and nature of your injuries. Medical evidence can prove that the defendant’s actions worsened your pre-existing condition, determine the extent of the injury, and lend credibility to your claims. The two most important types of medical evidence in these cases include:

  • Medical records: Medical records can show the diagnosis and treatment you received before the accident compared to what you now require. Medical records can also show your progress with your injuries, any changes in your condition, and how the new injuries have impacted your daily life. After collecting your medical records, they can establish a timeline and clearly demonstrate how an accident worsened your pre-existing condition or resulted in new injuries.
  • Medical expert testimony: Expert medical testimony is usually required in personal injury claims involving pre-existing conditions. Medical experts can provide testimony that goes beyond what can be taken from medical records. A medical expert can differentiate between old and new injuries, support claims that an accident worsened a pre-existing condition, and explain how a pre-existing condition was aggravated.

It is not always easy to obtain this evidence when you are trying to recover from a serious injury. Our California personal injury lawyer can collect your medical records on your behalf and reach out to our network of experts to obtain the testimony you need.

Our Personal Injury Lawyers in California Can Help with Your Pre-Existing Condition

A pre-existing condition should not stop you from obtaining the compensation you need after an accident. At The JLF Firm, our California personal injury lawyers can prove your accident worsened your pre-existing injuries so you obtain the full and fair settlement you are entitled to. Contact us to schedule a free case evaluation and to learn more about how we can help.

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