Can a pre-existing condition affect a personal injury claim?
People are often reluctant to disclose pre-existing conditions during a personal injury lawsuit. This is an understandable sentiment given that the at-fault party’s insurance company may not want to voluntarily pay the claim. They will be even less inclined to do so if they discover that a client did not disclose pre-existing conditions. The client must understand that full disclosure is essential to receive compensation during a personal injury lawsuit.
Full disclosure is key
Different states have different names for the same general principle, “The Eggshell Theory,” the defense must consider the plaintiff as he is. This means that if the plaintiff is prone to injury due to another condition, the defendant can still be held liable during the lawsuit.
Medical records are essential in a personal injury claim. Medical records can differentiate between new and old injuries. Your accounts in the plaintiff’s medical records can also help determine that the incident in question made it worse or worse.
In most lawsuits, it is not the existence of a pre-existing condition that causes problems, but the omission of that injury. When a plaintiff hides the fact that he suffers from some health problems and did not disclose them for the lawsuit, that plaintiff’s credibility is questioned, not his injury.
The legal counsel of a plaintiff in a personal injury case is tasked with proving that the defendant’s actions or inaction in a situation caused harm to the plaintiff. Legal counsel will likely obtain accident reports if they exist to help your case. Incorporating a plaintiff’s medical records can help show a difference between a previous (pre-existing) injury and the new one, which is the reason for the lawsuit.
It is still possible to get compensation for damages in a lawsuit if new injuries made existing ones worse. The only time this is not true is when the plaintiff tries to hide the fact that they even exist. Legal counsel will be able to assist the plaintiff in resolving the details of their case, including disclosure of the pre-existing condition.
Getting help from personal injury attorneys
Personal injury attorneys are no strangers to handling cases with pre-existing conditions woven into them. These attorneys even know all the tricks that insurance companies try to use to avoid paying a victim. That is why victims should never try to handle their case on their own, especially if they have pre-existing conditions present. Personal injury attorneys can help their clients receive the maximum compensation or a fair settlement they deserve even if they have a pre-existing condition present. The best part is that most personal injury companies only charge if they win your case. That means there are no legal fees for you unless they win and you receive compensation.