Can a Pre-Existing Condition Affect My Personal Injury Claim?

By Your Health Magazine

Filing a personal injury claim can be a complex process, especially when you have a pre-existing medical condition. Many people wonder how their condition might impact their eligibility for compensation. While a pre-existing condition shouldn’t disqualify you from recovering compensation, it can affect how your case is handled. In this article, we will discuss the role pre-existing conditions play in personal injury claims, as well as the importance of disclosure, medical documentation, and legal representation.

What is a Pre-Existing Condition?

In understanding how pre-existing conditions may affect your personal injury claim, it is first important to understand what they are. A pre-existing condition encompasses any kind of health issue or injury that you had before the accident. Common examples include chronic back pain, arthritis, diabetes, and cancer. Mental health conditions such as anxiety or post-traumatic stress disorder (PTSD) can also be included under this umbrella. If the accident worsened or aggravated your pre-existing condition(s), you may still have a strong case for recovering compensation.

Eggshell Skull Doctrine

The “eggshell skull” doctrine is a crucial legal concept in personal injury cases involving pre-existing conditions. This principle holds that defendants are liable for the exacerbation of pre-existing conditions. The doctrine is in place to prevent defendants from avoiding responsibility just because the plaintiff was predisposed to having potentially more severe injuries.

Do I Have to Disclose My Pre-Existing Condition?

When filing a personal injury claim, you must disclose any pre-existing conditions. Attempting to hide or downplay a prior condition can harm your credibility and ultimately weaken your case. Insurance companies often review medical records in detail when determining compensation and settlement amounts, and if they discover a pre-existing condition wasn’t disclosed, it could raise questions about the validity of your claim.

The Importance of Medical Documentation

Medical documentation is essential to supporting claims involving pre-existing medical conditions. After an accident, it is pivotal that you seek medical attention right away, even if you do not feel immediate changes in your pre-existing condition or any new injuries. A medical professional can evaluate your condition and provide detailed notes on any symptoms or aggravations, creating a clear baseline for your health after the accident. These medical records will serve as concrete evidence that the accident worsened your pre-existing condition. Regular follow-ups with your doctor will also help to establish the impact of the accident on your health, as consistent treatment records add credibility to your claim.

The Importance of Legal Representation

Personal injury cases involving pre-existing conditions can be more complex, requiring skilled legal guidance. A Kent personal injury attorney can help you navigate these complexities and counter defense strategies that aim to diminish your compensation by attributing your injuries to your previous condition. An attorney may work with medical professionals to provide expert opinions about how the accident worsened your condition, as well as negotiate with insurance adjusters to ensure that you receive the compensation you are entitled to and are not lowballed.