Pre-existing injuries can be both beneficial and detrimental in personal injury cases, depending on how they are handled. Generally speaking, accident victims with pre-existing conditions do not receive compensation for injuries that were not affected by accidents.
However, they may receive compensation for pre-existing conditions depending on the degree that the accident worsened the injury. Not only can car accident victims potentially receive compensation for aggravated injuries, but they may also receive compensation for psychological conditions such as PTSD and anxiety.
It is crucial to have a well-documented medical treatment history of your pre-existing condition before and after the accident occurs. Your car accident lawyer will establish if your pre-existing injury was aggravated and, if so, to what degree.
If you're worried about how your pre-existing condition(s) will affect your personal injury case, contact Steinberg Injury Lawyers today to schedule your free, no-obligation, initial consultation.
Learn more about how a pre-existing condition can impact your personal injury case below.
What is an Eggshell Plaintiff?
Imagine that a negligent individual injures another person, but they didn't know the person they injured had an eggshell-thin skull. The victim of this accident would suffer more damage than the average person.
Under the Eggshell Plaintiff Doctrine, the defendant is liable for all damages that occur due to their negligence, regardless of their awareness of the victim's pre-existing conditions. The most important takeaway from this rule is that you should pursue personal injury cases regardless of whether you have pre-existing conditions.
Why It's Important to Have Regular Medical Checkups
If you have a well-documented history of your medical condition, pre-existing conditions can benefit your personal injury claim. When filing a personal injury claim, your doctor will pinpoint injuries caused by the accident, including pre-existing injuries that have been aggravated due to the accident.
This analysis is a lot easier when they have a medical record history to compare with your medical condition after an accident. If you have undocumented or poorly documented pre-existing conditions when you get into an accident, it can be a lot easier for the insurance company to refute your claims.
Never Hide Pre-Existing Conditions
If you don't have a well-documented medical history of a pre-existing condition, it can be tempting to hide it while including it in the list of injuries caused by the accident, which is never a good idea.
Be honest about all pre-existing conditions when speaking to your car accident lawyer, the insurance company, and your post-accident physician. Otherwise, your claim could be denied, and you may face potential criminal consequences.
Let Us Help, Contact Steinberg Injury Lawyers Today
Nothing is more important than your health. Having a documented medical history of pre-existing conditions, medical treatments, and rehabilitation expectations can help your car accident lawyer to establish the actual value of your case.
If you have been injured in a car accident and have pre-existing conditions, don't wait until it's too late to pursue your personal injury claim. Contact Steinberg Injury Lawyers or call 1-800-350-8888 to schedule your free, no-hassle, initial consultation today.
