Understanding Pre-Existing Conditions in Personal Injury Cases

Understanding pre-existing conditions in personal injury cases is crucial for both the plaintiff and the defendant. A pre-existing condition refers to any medical ailment, illness, or injury that a person had prior to the accident which led to the personal injury claim. These conditions can range from chronic illnesses like heart disease or diabetes, previous physical injuries such as back problems or broken bones, or even mental health issues such as depression or anxiety.

In personal injury cases, pre-existing conditions often become a contentious issue because they can significantly impact the amount of compensation awarded. The fundamental question usually revolves around whether the accident aggravated an existing condition or if it caused new injuries altogether.

When someone with a pre-existing condition gets involved in an accident and suffers further harm or damage, they have every right to seek compensation for their worsened state. This is based on the legal principle known as “the eggshell skull rule,” which states that a negligent party must take their victim as they find them. In other words, if an individual’s pre-existing condition makes them more susceptible to severe injuries than an average person would be under similar circumstances, this does not diminish their right to receive full compensation for all damages suffered.

However, insurance companies often use these conditions as leverage during settlement negotiations by arguing that some of your pain and suffering resulted from your old injuries rather than from their insured’s negligence. They may attempt to minimize their responsibility by claiming that your current medical issues are merely extensions of your past ailments.

Therefore, it becomes vital for plaintiffs with pre-existing conditions to provide clear evidence differentiating between damages caused by the accident and those resulting from previous health issues. Medical records play a pivotal role here; hence maintaining comprehensive documentation of all treatments received before and after an incident is essential.

Expert testimony can also be invaluable when dealing with complex medical matters related to pre-existing conditions in personal injury cases. Medical experts can help explain how certain events might have exacerbated previously manageable health problems or created new ones, thereby strengthening your claim.

In conclusion, having a pre-existing condition does not bar an individual from receiving compensation in personal injury cases. However, it does add a layer of complexity to the proceedings. It is always advisable to seek legal help when dealing with such situations. An experienced personal injury attorney can guide you through the process and ensure that your rights are protected while helping you receive fair compensation for all damages incurred.

Munley Law Personal Injury Attorneys
1617 John F Kennedy Blvd #1690, Philadelphia, PA 19103
12155157747