Personal injury claims often arise from accidents or negligent actions that result in harm or injury to an individual. However, pre-existing conditions complicate these claims. Understanding how pre-existing conditions affect personal injury claims is crucial to navigating potential challenges and securing fair compensation.
Definition of Pre-Existing Conditions
A pre-existing condition is any medical condition or injury that existed prior to the accident or incident that led to the personal injury claim. These can include chronic illnesses, previous injuries, or any ongoing medical issues.
The Eggshell Plaintiff Rule
In personal injury law, the “eggshell plaintiff” rule states that the defendant must take the plaintiff as they find them. This means if a person with a pre-existing condition is injured, the defendant is still liable for the full extent of the injuries caused, even if the injuries are more severe due to the pre-existing condition. Essentially, the defendant cannot use the plaintiff’s pre-existing condition as a defense to lessen their liability.
Proving Aggravation of Pre-Existing Conditions
When a person with a pre-existing condition becomes injured, they must prove that the accident aggravated or worsened their condition. This is a crucial component in personal injury claims involving pre-existing conditions. Evidence must clearly show the distinction between the injuries directly caused by the accident and those that already existed.
Medical Records
Comprehensive medical records are essential for illustrating the baseline of the plaintiff’s health before the accident. These records should include: – Diagnoses of the pre-existing condition(s) – Treatments and medications received – Prognosis and medical notes
Expert Testimony
Medical experts can provide testimony to differentiate between pre-existing conditions and new injuries. They can explain how the accident specifically exacerbated the existing condition, offering a clear link between the event and the increased severity.
Personal Documentation
Plaintiffs should also maintain personal documentation, such as journals detailing the pain and limitations before and after the accident and evidence of lifestyle changes caused by the exacerbation of their condition.
Defense Strategies in Pre-Existing Condition Cases
Insurance companies and defense attorneys often attempt to minimize liability by focusing on pre-existing conditions. Understanding their typical strategies can help strengthen a plaintiff’s case.
Attribution to Pre-Existing Condition
The defense may argue that the injuries or pain claimed by the plaintiff are solely due to the pre-existing condition and not the accident. They might assert that the plaintiff would have continued to experience the same level of discomfort regardless of the incident.
Comparative Fault
In some jurisdictions, the defense might employ comparative fault strategies, arguing that the plaintiff’s pre-existing condition partly contributed to the severity of the injury. This can reduce the amount of compensation awarded based on the plaintiff’s degree of fault or contribution to the overall condition.
Surveillance and Investigation
Defendants may use surveillance techniques to gather evidence that contradicts the plaintiff’s claims about their condition. They could record activities that suggest the plaintiff’s injuries are not as severe as claimed or that the pre-existing condition is primarily responsible.
Impact on Compensation
According to the Albuquerque personal injury lawyers, pre-existing conditions can influence the compensation received in personal injury claims in several ways:
Reduced Damages
If part of the injury can be attributed to a pre-existing condition, the overall damages awarded might be reduced. For instance, if an exacerbated pre-existing condition constitutes a significant portion of the plaintiff’s pain and suffering, the compensation for these aspects could be lower.
Increased Scrutiny
Claims involving pre-existing conditions often undergo more intense scrutiny by insurance adjusters and defense attorneys. Detailed medical histories and expert testimonies become critical in establishing the extent of exacerbation due to the incident.
Apportionment
In some cases, courts might apportion the damages between the pre-existing condition and the injury caused by the accident. This apportionment aims to ensure that the compensation reflects the fair extent of new harm caused by the defendant’s actions.
Understanding how pre-existing conditions affect personal injury claims is essential for anyone navigating these legal waters. Proper documentation, expert testimony, and knowledgeable legal representation are crucial components in ensuring that justice is served, regardless of pre-existing medical issues.
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