A pre-existing condition is a medical issue or injury that existed before an accident. These conditions can include chronic pain, prior injuries, or underlying health concerns. When filing a personal injury claim, insurance companies and opposing parties often investigate whether the accident caused new injuries or simply aggravated an existing condition.
The eggshell plaintiff doctrine and legal protection
Personal injury law follows the “eggshell plaintiff doctrine,” which states that a person with pre-existing conditions is entitled to full compensation if an accident worsens their condition. Defendants cannot deny liability just because the injured person was more vulnerable to harm. However, the challenge lies in proving that the accident made the condition worse rather than the injury being a natural progression of the prior condition.
Proving accident-related aggravation
To seek fair compensation, medical records play a crucial role in showing how an accident affected a pre-existing condition. A doctor’s evaluation can compare medical history before and after the incident to determine the extent of new damage. Medical professionals may testify to establish that the accident aggravated the injury, making the case stronger for the injured party.
Insurance company tactics and claim disputes
Insurance companies often try to minimize payouts by arguing that injuries were not caused by the accident. Adjusters may claim that ongoing medical problems would have occurred regardless of the incident. They may also request extensive medical records to find evidence suggesting that injuries existed long before the accident. Legal representation can help counter these tactics and present a strong case.
Honesty about medical history is essential when filing a claim. Failing to disclose pre-existing conditions can lead to disputes and reduce credibility. A well-documented medical history, expert testimony, and legal guidance help ensure fair compensation for injuries worsened by an accident. Proper legal strategies can make a significant difference in securing a successful outcome.