A pre-existing condition can significantly impact a personal injury claim. Insurance companies and courts closely examine these conditions to determine the appropriate compensation. Understanding how pre-existing conditions affect your case is crucial for achieving a successful outcome.
Understanding aggravation vs. causation
A key distinction in personal injury claims involves aggravation versus causation. An accident cannot directly cause a pre-existing condition, but it can worsen it. This aggravation often qualifies for compensation, but proving it can be complex. Medical records play a crucial role in showing that the incident worsened an injury.
The eggshell plaintiff doctrine
The “eggshell plaintiff” doctrine plays an important role in cases involving pre-existing conditions. This legal principle asserts that a defendant must take an injured party as they find them. If a pre-existing condition makes a person more susceptible to injury, the defendant remains liable for any resulting harm. This rule ensures fair compensation for individuals with health issues.
The insurance company’s approach
Insurance companies often use pre-existing conditions to limit or deny claims. They may argue that the injury was unrelated to the accident or that the pre-existing condition is the main cause of the injured party’s current issues. To counter this, the claimant must gather medical evidence showing how the accident aggravated the condition. A strong medical history and support from a qualified physician can significantly affect how the case proceeds.
Proving damages with pre-existing conditions
Proving damages when a pre-existing condition exists requires detailed medical evidence. The claimant must show that the accident worsened the existing condition. Documentation and medical opinions play a major role in demonstrating this. An experienced attorney can help gather and present the right evidence to maximize the chances of receiving fair compensation.
Navigating a personal injury claim with a pre-existing condition can be challenging. With the right legal support and thorough medical documentation, pursuing deserved compensation becomes possible.