The Challenges of Prior Injuries in Accident Claims

How Prior Injuries Can Affect Your Accident Claim

Having a prior injury does not automatically weaken your accident claim. A pre-existing injury, whether an old wound, chronic condition, or any other health issue, only becomes a factor when determining the extent of damages caused by the accident. The focus in these cases is on whether the accident worsened the existing injury or caused new ones. If the accident aggravated a previous condition, you still have the right to pursue compensation for that aggravation.

Challenges with insurance companies

Insurance companies are well-practiced in using prior injuries to their advantage. They often argue that your current symptoms stem from a pre-existing condition rather than being caused or aggravated by the accident. This tactic is designed to reduce the amount they have to pay out. To counter this, it’s essential to provide clear and thorough medical documentation that compares your condition before and after the accident. Insurance adjusters may attempt to challenge your claim by downplaying the severity of your injury or questioning whether the accident truly made your condition worse.

Your personal injury attorney will play a key role in overcoming these challenges. They can gather expert testimony and medical reports to demonstrate how the accident worsened your prior physical trauma. By presenting compelling evidence and negotiating assertively, your attorney can help ensure that the insurance company doesn’t diminish the compensation you are owed.

Legal Rights: The Eggshell Skull Rule

Under personal injury law, the existence of a pre-existing condition does not absolve the at-fault party of liability. The eggshell plaintiff or eggshell skull rule, a key legal doctrine, states that a defendant must take the injured person as they find them, meaning that if the accident worsened a pre-existing trauma, the defendant is still fully responsible for the damages. Even if the plaintiff was more vulnerable to injury due to their health history, the defendant cannot escape liability simply because the injuries were more severe than expected.

In cases where pre-existing conditions are involved, obtaining legal advice from a skilled personal injury attorney is essential. They can help gather the necessary proof, including medical records and expert testimony, to show how the accident made your condition worse. This might involve providing evidence that illustrates the difference between your health before and after the accident, along with the ongoing impact on your life. By presenting a clear and detailed narrative, your attorney can help ensure that the responsible party is held accountable for both the new injuries and the worsening of your prior condition.

The Impact of Not Disclosing Prior Injuries

When filing a personal injury claim, it may be tempting to omit details about past injuries, especially if you think they aren’t related to the recent accident. However, failing to disclose prior injuries can seriously harm your case. Insurance companies are diligent in reviewing medical histories, and any omission could make it seem as if you’re trying to conceal information. This could lead to claims being denied or settlements being reduced.

Your personal injury attorney also needs to know your complete medical history to build a strong case. Transparency allows your lawyer to anticipate potential arguments from the insurance company and present a clear narrative about how the accident worsened your condition. Full disclosure helps create a legal strategy that strengthens your chances of a successful claim, as your attorney can address any concerns the insurance company may raise early on.

Additionally, insurance companies may use various tactics, such as reviewing your medical records, hiring private investigators, or scrutinizing social media activity, to verify your claim. Any inconsistency or failure to disclose prior conditions can jeopardize your credibility, resulting in complications that outweigh any perceived benefits of hiding injuries. By being upfront about your medical history, you reduce the risk of your claim being challenged on these grounds.

Proving Causation: Linking the Accident to Your Aggravated Injuries

One of the most critical aspects of a personal injury claim involving pre-existing conditions is proving that the accident made the prior injury worse or caused new injuries. To do this, thorough medical documentation is essential. Your medical records from before and after the accident serve as a basis for comparison, helping establish how your condition has changed.

In some cases, additional diagnostic tests or consultations with medical specialists may be needed to demonstrate the full extent of your injuries. Detailed reports from your healthcare providers explaining the aggravation of the condition—such as the need for new treatments or increased pain levels—can help link the accident directly to the worsening of your injury. Working closely with your doctors and attorney ensures that you present the strongest possible case, supported by evidence that the accident directly impacted your health.

Steps to Take if You Have a Pre-Existing Injury

If you have a pre-existing injury and are involved in an accident, taking the right steps is crucial to protecting your claim and increasing your chances of receiving fair compensation:

1. Seek immediate medical attention: After the accident, get medical care right away, even if the injuries seem minor. For those with pre-existing conditions, a thorough assessment is essential to document any changes in your condition and create a medical baseline for comparison later
2. Be transparent about your medical history: Full transparency with your doctor is key to properly assessing how the accident has aggravated your existing injury. This transparency also extends to your attorney, who will need all relevant medical information to build a strong case and counter any attempts by the insurance company to undermine your claim
3. Document everything: Keep detailed records of how your condition has changed since the accident, including pain levels, physical limitations, and any treatments you undergo. Maintaining a journal of your symptoms and medical visits will provide important evidence of how the accident worsened your pre-existing injury
4. Follow your treatment plan: Adhering to your prescribed treatment plan shows that you are taking the necessary steps to recover. Missing appointments or failing to follow medical advice can weaken your claim, as the insurance company may argue that your injuries are not as serious as claimed
5. Consult a personal injury attorney: Working with an experienced personal injury attorney is essential in cases involving pre-existing injuries. Your attorney will help gather evidence, coordinate with medical professionals, and navigate any tactics used by the insurance company to reduce your compensation

Protecting Your Rights with a Personal Injury Lawyer

Navigating a personal injury claim with a pre-existing condition can be complex, but an experienced personal injury lawyer can help protect your rights and maximize your compensation. Your lawyer will gather the necessary medical evidence, including reports from doctors and expert testimony, to show how the accident worsened your prior injury. They will also handle negotiations with the insurance company, ensuring your claim is not diminished due to pre-existing conditions.

By working with a personal injury lawyer, you increase your chances of receiving fair compensation. They’ll guide you through the entire process, from building your case to managing any legal challenges, giving you the support you need to focus on your recovery.

What compensation can you seek?

The primary role of your personal injury lawyer is to help you recover the compensation you deserve. Even if you have a pre-existing injury, you can still pursue damages for the aggravation of that condition caused by the accident. Your lawyer will work to ensure that you receive compensation for:

• Medical expenses: Your lawyer will help gather and present medical bills and records that demonstrate the costs associated with your treatment
• Lost wages: If your physical trauma affects your ability to work, your attorney will help document and calculate the income you’ve lost and the potential loss of future earnings
• Pain and suffering: Calculating pain and suffering is more complex when a pre-existing injury is involved, but your attorney will work with medical experts to demonstrate the increased physical and emotional impact the accident has had on your life
• Loss of enjoyment of life: If your aggravated injury has diminished your ability to participate in activities you once enjoyed, your lawyer can help you seek compensation for this loss
• Future medical costs: Your lawyer may work with medical professionals to estimate future medical expenses related to your injury, ensuring that ongoing treatments and care are accounted for in your claim

Final Thoughts

Handling a personal injury claim involving pre-existing conditions requires careful documentation and expert legal support. With the right attorney guiding you through the process, you can prove the accident aggravated your condition and maximize your compensation.

At YourAccident.com, we simplify the process of connecting you with attorneys who specialize in handling cases like yours. Our network of experienced legal professionals will handle everything, from negotiations with insurance companies to collecting vital medical records. Let us help you focus on recovery while we take care of the legal process.