Is it Possible to File a Personal Injury Claim if you Have a Pre-Existing Condition?
The unfortunate reality of life is that accidents happen, and they often leave people injured and facing significant physical, emotional, and financial burdens. When someone else’s negligence or wrongdoing caused the injury, filing a personal injury claim offers a potential avenue for compensation. However, the picture gets murkier when a pre-existing condition complicates the situation. Can you still file a personal injury claim if you have a pre-existing condition? A personal injury lawyer in Louisville, KY can help you understand the details for your situation.
Pre-Existing Conditions and Personal Injury
There are essentially two things to know as we attempt to answer this question. First, you can only recover damages for injuries directly caused by the accident. This means pre-existing conditions, by definition, cannot be blamed on an accident. Second, the presence of such conditions, however, doesn’t automatically disqualify you from seeking compensation. Instead, they introduce complications to the claim.
Aggravation and Eggshells
Aggravation
Successful personal injury claims brought by those with pre-existing conditions typically succeed by proving aggravation. This means proving that the accident worsened the existing condition, causing new symptoms, increased pain, or a prolonged recovery period. Medical records, physician testimonies, and other evidence are, of course, crucial in establishing this causal link.
Eggshell Skull Doctrine
This legal principle recognizes that individuals have varying degrees of physical strength and vulnerability. The doctrine essentially states that a defendant takes the plaintiff “as they are,” meaning they cannot escape liability because the person they happened to injury was more frail or weak than “average.”
Challenges and Strategies
Despite these legal safeguards, pre-existing conditions do present several challenges. Insurance companies and defendants often try to leverage the existence of a pre-existing condition to downplay the accident’s impact or even deny the claim entirely. To counter this, building a strong case requires thorough medical records from before and after the accident, highlighting any aggravation of the condition and/or new treatment required after the accident and due to it.
Consulting medical professionals who can definitively link the accident to the worsening of the pre-existing condition significantly strengthens your case, and a good lawyer will have a network of expert witnesses to recommend. Clearly documenting and itemize all expenses incurred due to the aggravated condition, including medical bills, lost wages, and related costs, is also important.
Engaging a Personal Injury Lawyer in Louisville, KY
Pre-existing conditions in personal injury claims do complicate things, as it must be shown that you aren’t suffering a flare-up of your condition that would have happened anyway, regardless of the accident. It requires an experienced personal injury attorney to gather the evidence and explain complicated medical issues in a way the courts can understand.
Every case is unique, but simply having a pre-existing condition doesn’t automatically doom your claim. With proactive documentation, expert support, and a clear understanding of the legal principles involved, as well as case precedents, your lawyer can get justice and compensation for you. If you’ve been in an accident, contact us today at the Winton & Hiestand Law Group PLLC for a free consultation.
