When pursuing a personal injury claim, one critical factor that can influence the outcome is the presence of pre-existing conditions. These are medical conditions or injuries that existed before the incident that led to the current claim.
Understanding how pre-existing conditions affect personal injury claims is essential for both plaintiffs and defendants. This article explores the impact of pre-existing conditions on personal injury claims and provides guidance on how to navigate these complexities.
Definition and Relevance
Pre-existing Conditions are health issues or injuries that were present before the accident or incident in question. These conditions can range from chronic illnesses like diabetes or heart disease to previous injuries or surgeries.
In personal injury law, these conditions can play a significant role in determining the extent of damages and the liability of the at-fault party. That’s why it’s always advised to consult with a professional, like the Phoenix injury attorneys at Sargon Law Group.
Legal Implications
In personal injury cases, the legal principle of “taking your victim as you find him” applies. This means that if a person with a pre-existing condition is injured further in an accident, the defendant is responsible for compensating for the full extent of the injuries caused by the accident, even if the pre-existing condition made the person more susceptible to injury.
However, the impact of pre-existing conditions can vary:
- Aggravation of Existing Conditions: If the accident exacerbates a pre-existing condition, the plaintiff can claim compensation for the additional suffering or complications caused by the incident. The key is to prove that the accident was a substantial factor in worsening the condition.
- Pre-Existing Condition Defense: Defendants may argue that the injuries claimed by the plaintiff were due to pre-existing conditions rather than the incident in question. They might present medical evidence to show that the plaintiff’s symptoms were related to the pre-existing condition and not the accident.
Proving the Impact
To succeed in a personal injury claim involving pre-existing conditions, plaintiffs must demonstrate:
- Causation: Evidence must show that the accident caused a significant aggravation of the pre-existing condition. This often involves medical records, expert testimony, and detailed accounts of how the incident impacted the plaintiff’s health.
- Medical Documentation: Detailed medical records before and after the accident are crucial. They help establish a baseline of the plaintiff’s condition before the incident and highlight any significant changes or exacerbations.
- Expert Testimony: Medical experts can provide testimony on how the accident affected the pre-existing condition. Their insights can help clarify the extent to which the accident contributed to the plaintiff’s current state.
Types of Compensation
Plaintiffs may be entitled to various forms of compensation, even with pre-existing conditions. These can include:
- Medical Expenses: Coverage for additional medical treatments required due to the aggravation of the pre-existing condition.
- Pain and Suffering: Compensation for the physical and emotional pain caused by the accident’s impact on the pre-existing condition.
- Lost Wages: Reimbursement for income lost due to the inability to work as a result of the aggravated condition.
- Disability and Impairment: Compensation for any long-term disability or impairment resulting from the accident.
Settlement Negotiations
When negotiating settlements, pre-existing conditions can influence the amount of compensation. Defendants may offer lower settlements, arguing that the injuries were due to a pre-existing condition. Plaintiffs should be prepared to provide compelling evidence of the accident’s impact to ensure they receive fair compensation.
Legal Advice and Representation
Given the complexities involved, seeking advice from a personal injury attorney is highly recommended. An experienced lawyer can:
- Help gather and present medical evidence effectively.
- Advocate for fair compensation, taking into account the aggravation of pre-existing conditions.
- Navigate the legal challenges associated with proving the impact of pre-existing conditions.
Pre-existing conditions add a layer of complexity to personal injury claims. While they can complicate the process, they do not necessarily preclude a successful claim.
Understanding how to demonstrate the impact of the accident on pre-existing conditions, gathering robust medical evidence, and working with legal professionals can significantly enhance the chances of a favorable outcome.
For anyone dealing with a personal injury claim complicated by pre-existing conditions, seeking knowledgeable legal guidance is crucial to navigating the intricacies of the case and securing the compensation deserved.
