If you are injured because of someone else’s negligence, filing a personal injury claim is often the next step. However, having a pre-existing medical condition can complicate the process and make obtaining fair compensation more challenging.
It’s essential to arm yourself with knowledge and the right accident lawyer to guide you through this intricate legal landscape, ensuring your rights are protected to maximize your potential recovery.
Understanding Pre-Existing Conditions in Personal Injury Cases
A pre-existing condition, in the context of a personal injury claim, refers to any medical issue or injury that existed prior to the accident or incident that caused your current injuries. This could be a chronic ailment like arthritis, a previous injury that hasn’t fully healed, or an ongoing condition that requires continuous treatment. The key factor is that the condition predated the accident that led to your personal injury claim.
Pre-existing Condition Impact on Personal Injury Claims
Pre-existing medical conditions can have a significant impact on personal injury claims. Insurance companies often point to these conditions to downplay the severity of an injury, limit their responsibility, or avoid paying full compensation. They may argue that your injuries existed before the accident or claim that the incident merely aggravated a prior condition, both of which can be used to reduce or deny a claim.
The Eggshell Plaintiff Doctrine
Fortunately, Alabama law recognizes an important legal principle known as the “eggshell plaintiff” doctrine when evaluating pre-existing conditions in personal injury cases. Under this doctrine, a negligent party is responsible for the harm they cause, even if the injured person had a pre-existing condition that made them more vulnerable to injury. Simply put, the at-fault party must take the injured person as they find them.
If an accident aggravates or worsens a pre-existing condition, the eggshell plaintiff doctrine allows the injured party to recover compensation for the full extent of the harm caused by that aggravation. The at-fault party cannot avoid liability simply because the victim was more susceptible to injury due to a prior medical condition.
Proving the Link Between the Accident and the Worsening of Your Pre-Existing Condition
Demonstrating the link between the accident and the aggravation of your pre-existing condition is a critical aspect of a successful personal injury claim. Here are the key steps involved:
Comprehensive Medical Documentation
Gather detailed medical records from before the accident, documenting the state of your pre-existing condition. This baseline information will be crucial in showing how the accident has affected your health.
Additionally, maintain thorough documentation of all medical treatments, diagnoses, and changes in your condition after the accident. This evidence will help establish the direct connection between the incident and the worsening of your pre-existing issues.
Expert Testimony
Enlisting the expertise of medical professionals can strengthen your case. Experts can provide valuable testimony to delineate between your original pre-existing condition and the new injuries or exacerbations caused by the accident.
These experts can use the differential diagnosis method, a medical process that helps identify the specific cause of your current health problems. Their insights can be instrumental in distinguishing between your pre-existing condition and the accident-related injuries.
Witness Statements
Getting statements from witnesses who can attest to the changes in your condition before and after the accident can provide additional supporting evidence. These testimonies can corroborate the causal link between the incident and the worsening of your pre-existing condition.
Getting Help with Your Personal Injury Claim
Dealing with a personal injury claim can be challenging, but a pre-existing condition adds an extra layer of complexity. However, with the right legal strategy and the support of an experienced personal injury attorney, you can overcome these obstacles and secure the compensation you deserve.
If you or a loved one have been injured in an accident and have a pre-existing condition, don’t hesitate to reach out to our personal injury team for help. At Brock and Stout, we are committed to advocating for your rights and guiding you through the legal process to ensure you receive the compensation you are entitled to.