When you hear the term pre-existing conditions in relation to your personal injury claim, you may wonder what exactly it means. The legal jargon and terms used in these cases are often confusing.
While this is true, it’s important to know how they may impact your claim – if at all. If you have a pre-existing condition and are concerned about how it may impact your claim, our personal injury attorneys at Jonathan Perkins Injury Lawyers are here to help. We can review your case and situation and help you pursue the compensation you deserve for your injuries and damages.
What Is a Pre-Existing Condition?
The term “pre-existing condition” refers to any medical condition you had prior to filing a personal injury claim for an accident. Some examples of pre-existing conditions include:
- Mental health problems
- Cancer
- Prior injuries to the same part of the body like the brain, back, neck, or broken bones
- Arthritis
- Chronic diseases like diabetes
Typically, any medical issue or condition you had or were diagnosed with before your accident can be considered a pre-existing condition.
Now that you understand what these are learn more about how they may (or may not) impact your personal injury claim.
Discussing Pre-Existing Conditions with Your Personal Injury Attorney
It’s imperative that you talk to your personal injury attorney about the injuries or conditions you had when the accident occurred. You should never try to hide the condition or injury. In fact, doing this may hurt your case and can reduce the likelihood that you will receive a fair settlement. This is especially the case if a new injury caused by the accident impacts the same part of the body that an older condition did. If this happens and you don’t tell your attorney about it, the claim may be denied because of non-disclosure.
Most insurance companies have trained insurance adjusters who know to blame everything on prior injuries. The goal is to pay as little as possible for your accident claim. Most adjusters will try to use the history of your pre-existing injuries to disqualify your claim related to the accident. Because of this, it is smart to hire our legal team to evaluate your medical history and handle these situations properly.
When you have some type of past injury or pre-existing condition, the personal injury attorney you hire will help you understand how your current accident claim may be impacted by it. The last thing you want to do is attempt to hide this information. Let your attorney know about your complete medical history to avoid potential issues.
Understanding the Possibility of Injury Aggravation
If you have a pre-existing injury or condition, it may be aggravated or even made worse by another accident. Even though the person at-fault for the accident isn’t responsible for the original injury or condition, they can be held responsible for causing the accident and aggravating the injury or condition.
In most cases, this requires there to be a link between the aggravation of the former injury and the accident. When you hire our personal injury attorney, we will seek input from medical professionals and other experts to determine if aggravation occurred and how it can impact your personal injury lawsuit.
How the Eggshell Skull Rule Applies to Your Legal Situation
The eggshell skull rule requires that a defendant “take plaintiffs as they are.” What this means is that a defendant must pay for any damages that occur because of their negligence or wrongful actions, no matter if the plaintiff’s pre-existing condition contributed to how severe it was.
If there’s a prior injury or condition that makes you more susceptible to being injured again, you still deserve to receive compensation for these injuries.
Therefore, it is essential that you provide details about your prior medication conditions to your legal representative. This will ensure you get the proper treatment and a fair amount of compensation.
Helping You Acquire a Fair Settlement
Sometimes, pre-existing conditions can impact your ability to receive fair compensation for all accident-related medical costs. One reason for this is that the at-fault party may make the argument that you are trying to “game” the system and get someone to cover the cost of a pre-existing ailment.
While this is a common strategy used, it can be fought when you hire our legal team from Jonathan Perkins Injury Lawyers. With the help of our personal injury attorney, we will prove that the accident resulted in harm that deserves to be compensated. This is done by investigating the situation and gathering evidence.
We are here to help you with your personal injury claim. Our goal is to ensure you receive the maximum amount of compensation possible for your injuries due to an accident caused by someone else’s negligence.