How Does a Pre-Existing Condition Affect Personal Injury Lawsuit?

Injuries from traumas are inevitable, and it is natural to wonder if your pre-existing condition will affect your personal injury lawsuit settlement after an accident in any way. In a nutshell, yes. Your pre-existing illness can affect your compensation. Let’s find out how.

Legal Ruling

As a standard ruling, the negligent person is responsible for all injuries that happened because of their wrongful actions. For example, if you get into a car accident, the negligent driver is responsible for the consequences of the accident. This not only includes medical bills but emotional trauma as well.

However, they will not take up the responsibility for injuries the one suffered before the accident actually took place. In case this traumatic accident in question aggravates any pre-existing condition, your personal injury lawsuit will declare the negligent driver responsible for the aggravation. There are chances of someone with a pre-existing condition to receive more compensation due to the overall greater level of injury caused by that condition.

How Pre-Existing Conditions Affect Your Personal Injury Case

It is generally seen that insurance companies start by putting down all injuries into a pre-existing condition category. Or, they might try proving that the injury happened prior to the accident so that they are not liable for paying for it. Your insurance company will request access to all your medical records for any hint of a pre-existing condition.

In case you have a pre-existing condition, the battle will start from there. They will try to use the best of their abilities to reduce the defendant’s liability. You must, however, in any case, avoid hiding any such condition or injury of yours from the other party, as this may be misrepresented and has the potential to destroy your entire case.

Do not hide anything from your attorney because you hire them to get maximum benefits from the situation, and hiding information can hinder that. Tell them everything relevant to your case since insurance companies, more often than not, try getting your sign on a blanket waiver to access anything and everything from your medical history.

What Is The Eggshell Skull Rule?

The eggshell skull rule is basically a legal theory that is applicable in both criminal and civil cases. Here’s how this rule will affect your personal injury lawsuit in case of a pre-existing condition:

The defendant party is responsible for all the harm caused to you – the plaintiff, even if you have any preceding condition, putting you at more risk of injury. The rule is based on the idea that defendants must take their victims as they find them. This means that they are responsible for the full extent of the harm caused, regardless of any condition beforehand.

For example, if an individual with a thin skull is hit on the head and suffers a brain injury, the responsible party will pay for the full extent of the harm caused, regardless of whether the person had a normal skull or not.

The important thing to note here is that the eggshell skull rule does not entitle you (plaintiff) to more damages than if no pre-existing condition was there. However, it meticulously ensures that the defendant responsibly pays for the full extent of the harm caused.

Receiving Compensation For Your Injuries

It does not matter which type of pre-existing medical condition you struggle with; getting compensation for your injuries is claimable. Laws of the United States let everyone have an equal opportunity for a fair trial. This means that your pre-existing injuries will not prevent you from filing a personal injury claim.

Closing Note

So, when you find yourself in a situation like this, do not hesitate to consult with a skilled lawyer from our firm. We can help you get maximum compensation for your personal injury with a pre-existing condition. Get in touch with our attorneys from Edwards Sutarwalla Samani LLP to help you in this regard. Call us at (713) 565-1353 for more information.


Categories


Archives

Skip to content