If you have been injured in an accident, a pre-existing condition can complicate your personal injury case. But it will not necessarily exclude you from recovering damages. In fact, personal injury lawyers Orange County recognize that not everyone begins in top physical condition. Understanding how pre-existing conditions will affect your case can be the difference between protecting your rights and getting a successful claim.
What is a Pre-Existing Condition?
A pre-existing condition is any health condition you already had before the accident. These could be things like chronic backache, joint issues, arthritis, previous injuries, or even mental illness. Even though these may not have been causing everyday problems before the accident, an accident can aggravate them or make them worse.
How Pre-Existing Conditions Affect a Claim
In cases of personal injury, the most crucial question is whether the accident worsened your pre-existing condition or resulted in new injuries. The insurance companies will proclaim your symptoms as part of your past medical issues and that they are unrelated to the recent accident. This is typically done to lower the amount of compensation or to deny compensation.
But the law also has a doctrine called the "eggshell plaintiff rule" that insulates victims. It is the rule that a defendant must take the injured party as they find them. If an individual's existing condition made them more susceptible to being injured, they are nevertheless entitled to compensation if the accident aggravated the condition.
Establishing Aggravation of a Pre-Existing Condition
It is up to the claimant. You must produce some evidence that the accident exacerbated your condition. This would usually be;
- Thorough Medical History: Give the history of your illness before and after the accident.
- Expert Testimony: According to personal injury lawyers Orange County, medical experts may give testimony that your present symptoms are of varying severity or duration.
- Personal Record-Keeping: Keeping a diary or pain and activity record may be useful for you.
Common Misconceptions
My application will be denied due to my previous state. No. Pre-existing conditions won't rule you out. They require more evidence but won't rule you out for award.
I should not disclose my health record. Hiding the facts may harm your case worse than admitting the truth. Open disclosure will allow your legal experts to bring forth a more credible and backed claim.
New injuries by themselves are compensable. Deterioration of a pre-existing injury is also considered. Courts and insurers consider the worsening in your condition.
Tips for Building a Stronger Case
- Be honest with your lawyer about all past medical issues.
- Continue therapy and adhere to medical recommendations persistently.
- Avoid exaggeration and downplaying of symptoms. Consistency is credibility.
- Gather evidence in advance when the facts are fresh.
To Conclude
A pre-existing condition doesn't disqualify your claim—it simply means your legal team will need to be more resourceful. With complete documentation, medical knowledge, and honest communication, you can prove how an accident exacerbated your condition. The law is in place to protect victims, along with personal injury lawyers Orange County, even those who weren't in the best health to start with. Complete documentation and legal counsel can get your claim the attention and award it deserves.