A pre-existing condition can complicate your auto accident claim, but it doesn’t necessarily prevent you from receiving compensation for your injuries. Understanding how pre-existing conditions are handled in personal injury claims can help you navigate the process and ensure you receive fair compensation. Here’s a comprehensive guide on how pre-existing conditions affect your auto accident claim.

1. Understanding Pre-Existing Conditions

Definition:A pre-existing condition is any medical condition or injury that existed before the auto accident. Common pre-existing conditions include chronic pain, arthritis, previous injuries, or other long-term health issues.

Aggravation of Pre-Existing Conditions:If the auto accident aggravates or worsens your pre-existing condition, you may be entitled to compensation for the additional harm caused by the accident. This is known as an "aggravation claim."

2. The Eggshell Plaintiff Rule

Legal Principle:The "eggshell plaintiff" rule is a legal doctrine that states that a defendant must take a plaintiff as they find them. This means that if the accident aggravates a pre-existing condition, the defendant is responsible for the additional harm, even if the plaintiff was more susceptible to injury due to their pre-existing condition.

Application:The rule ensures that individuals with pre-existing conditions are treated fairly and can receive compensation for the full extent of their injuries, including any exacerbation of their pre-existing condition.

3. Proving Aggravation of Pre-Existing Conditions

Medical Records:To prove that the auto accident aggravated your pre-existing condition, you will need comprehensive medical records. These records should include:

• Documentation of your pre-existing condition before the accident.
• Medical evaluations and treatments received after the accident.
• Statements from your healthcare providers detailing how the accident worsened your condition.

Expert Testimony:Medical experts can provide testimony explaining how the accident aggravated your pre-existing condition. Their professional opinion can be crucial in establishing a clear link between the accident and the exacerbation of your condition.

Personal Testimony:Your own testimony about how the accident has affected your health and daily life can also support your claim. Describe any increased pain, limitations, or changes in your condition since the accident.

4. Insurance Company Tactics

Denying or Minimizing Claims:Insurance companies may attempt to deny or minimize your claim by arguing that your injuries are solely due to your pre-existing condition. They may try to avoid paying for the aggravation caused by the accident.

Independent Medical Examination (IME):The insurance company may request an independent medical examination (IME) to assess your injuries and determine the extent to which the accident aggravated your pre-existing condition. Be prepared to attend this examination and provide accurate information about your condition.

For more on handling insurance claims, see What Should I Tell the Insurance Adjuster After an Accident?.

5. Calculating Damages

Economic Damages:Economic damages include medical expenses, lost wages, and other out-of-pocket costs related to the aggravation of your pre-existing condition. Document all expenses and provide detailed records to support your claim.

Non-Economic Damages:Non-economic damages include pain and suffering, emotional distress, and loss of enjoyment of life. The aggravation of a pre-existing condition can significantly impact your quality of life, and you should be compensated for this additional suffering.

Example:If you had a pre-existing back injury that was manageable before the accident but became severely painful and debilitating afterward, you can claim compensation for the increased medical costs, additional treatments, lost wages due to inability to work, and the added pain and suffering.

For more on calculating damages, see What Damages Can I Recover in an Auto Accident Claim?.

6. Legal Assistance

Consulting an Attorney:Navigating a personal injury claim involving a pre-existing condition can be complex. Consulting with a personal injury attorney can help you understand your rights, gather necessary evidence, and negotiate with insurance companies.

Contingency Fee Basis:Many personal injury attorneys work on a contingency fee basis, meaning they only get paid if you win your case. This arrangement makes legal representation more accessible and ensures your attorney is motivated to achieve the best possible outcome.

For more on the role of an attorney, check out What Is the Role of a Personal Injury Attorney in an Auto Accident Case?.

7. Tips for Strengthening Your Claim

Be Honest About Your Condition:Always be honest about your pre-existing condition when discussing your claim with your attorney, medical providers, and the insurance company. Concealing information can harm your credibility and weaken your case.

Document Everything:Keep detailed records of your medical history, treatments, and how the accident has affected your condition. This documentation is crucial for proving the aggravation of your pre-existing condition.

Follow Medical Advice:Follow your healthcare provider’s advice and attend all recommended treatments and appointments. Adhering to your treatment plan demonstrates that you are taking your recovery seriously and can help support your claim.

Conclusion

A pre-existing condition can complicate your auto accident claim, but it doesn’t prevent you from receiving compensation for the aggravation caused by the accident. By understanding the eggshell plaintiff rule, gathering comprehensive medical evidence, and consulting with a personal injury attorney, you can navigate the claims process more effectively and ensure you receive fair compensation for your injuries and damages.

For more detailed articles and advice, explore our comprehensive guides on various aspects of auto accidents:

• How Do I Report an Auto Accident in Las Vegas?
• What Are the Steps to Filing an Auto Accident Claim?
• How Can I Protect My Rights After an Auto Accident?

Stay informed and protect your rights!

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