When pursuing a personal injury claim, one of the biggest challenges claimants face is how pre-existing conditions impact their case. If you have a medical history that includes previous injuries or chronic conditions, the insurance company or the opposing party may argue that your current pain and suffering are not solely due to the accident in question. However, a skilled personal injury lawyer in Denver can help you navigate these challenges and work toward securing the compensation you deserve.
Understanding Pre-Existing Conditions in Personal Injury Cases
Pre-existing conditions refer to any medical issues or injuries that existed before the accident occurred. These conditions can include chronic illnesses like arthritis, previous injuries such as herniated discs, or degenerative diseases like osteoporosis. When an accident exacerbates a pre-existing condition, it can complicate the claims process, as insurance companies often attempt to minimize payouts by attributing pain and suffering to the prior condition rather than the new injury.
The Eggshell Plaintiff Doctrine
One of the most important legal principles protecting injured parties with pre-existing conditions is the “eggshell plaintiff” doctrine. This rule states that a defendant is responsible for the full extent of a plaintiff’s injuries, even if the victim was more vulnerable due to a prior medical condition. In other words, if an accident aggravates an old injury, the at-fault party cannot escape liability simply because the victim was already susceptible to injury.
Challenges Insurance Companies Present
Insurance companies are well-known for using pre-existing conditions as a defense to lower claim payouts. They often:
- Argue that the injury existed before the accident and was not worsened by the event.
- Request extensive medical records to find previous complaints of pain or medical treatment.
- Use medical experts to claim that the accident had minimal impact on the pre-existing condition.
- Offer reduced settlements, hoping the injured party will accept less compensation due to the complexity of proving their case.
Proving Aggravation of a Pre-Existing Condition
To successfully claim compensation for an aggravated pre-existing condition, it is crucial to provide strong evidence. Here are key steps to strengthen your case:
1. Obtain Detailed Medical Records
Comprehensive medical records showing the state of your condition before and after the accident are vital. These records help establish a clear distinction between previous ailments and the new injuries caused or worsened by the accident.
2. Seek Immediate Medical Treatment
After an accident, seeking prompt medical attention can help document any changes in your health. A doctor can assess whether your condition has worsened and provide medical reports that support your claim.
3. Work with Medical Experts
Medical professionals can testify about how the accident affected your condition. Their expertise can clarify the extent of aggravation, helping counter arguments from insurance companies.
4. Keep a Pain Journal
Maintaining a daily journal documenting your pain levels, mobility issues, and how the accident has affected your daily life can serve as powerful evidence in your case.
How Pre-Existing Conditions Affect Settlement Amounts
While having a pre-existing condition does not automatically reduce your potential settlement, it does require additional legal strategies to prove the extent of aggravation. Settlement amounts depend on factors such as:
- The severity of the pre-existing condition before the accident
- The extent of the new injury or aggravation
- Medical expenses incurred due to the exacerbation
- Lost wages and reduced earning capacity due to worsened health
- Pain and suffering experienced due to the accident
Legal Strategies to Overcome Insurance Challenges
An experienced personal injury attorney can employ various legal strategies to counteract insurance company tactics, including:
- Gathering strong medical evidence to distinguish between pre-existing and accident-related injuries
- Working with expert witnesses to substantiate claims of aggravation
- Negotiating aggressively to ensure fair compensation
- Taking the case to court if necessary to prove liability and damages
Common Personal Injury Cases Affected by Pre-Existing Conditions
Pre-existing conditions can play a role in various types of personal injury cases, including:
1. Car Accidents
Car crashes often cause whiplash, back injuries, and concussions. If a person has a history of back pain, the defense may argue that the accident did not cause additional harm. However, medical records and expert testimony can help show the worsening of symptoms.
2. Slip and Fall Accidents
Pre-existing knee or hip injuries can be aggravated by falls. The property owner may try to claim that the pain existed before the accident, making it crucial to document the worsening of symptoms.
3. Workplace Accidents
Employees with prior injuries may face challenges when filing workers’ compensation claims. Employers or insurers may argue that the workplace incident did not significantly affect their health, requiring strong evidence to prove otherwise.
Steps to Take If You Have a Pre-Existing Condition and Are Injured
If you have a pre-existing condition and are involved in an accident, taking the right steps can make a significant difference in the outcome of your claim:
- Be Honest About Your Medical History – Concealing prior conditions can harm your credibility and your case.
- Follow Your Doctor’s Recommendations – Consistent medical treatment strengthens your claim and demonstrates the severity of your injuries.
- Consult a Personal Injury Lawyer – Legal representation can help you fight for fair compensation and navigate insurance company tactics.
- Gather and Maintain All Medical Documentation – Medical records, X-rays, and doctor’s notes serve as critical evidence.
Conclusion
Having a pre-existing condition does not disqualify you from seeking compensation after an accident. However, it does introduce challenges that require thorough medical evidence and legal expertise to overcome. If you or a loved one has been injured and have a pre-existing condition, seeking legal assistance is crucial. A car accident lawyer in Denver helps you protect your rights and work toward fair compensation for your aggravated injuries.
