How Pre-Existing Conditions Impact Personal Injury Claims

You’ve had some bumps and bruises over the years—maybe a sore back from an old football injury or a stiff neck from your daily grind at the office. These are nagging issues, but nothing you can’t handle. Then you get into an accident, and suddenly, those old problems are front and center again. These types of injuries are known as pre-existing conditions and can be pivotal in personal injury claims.

How do pre-existing conditions play in your personal injury claim? It’s like trying to convince someone you’re not crying wolf—you need to show them the proverbial wolf is real.

The Eggshell Plaintiff Doctrine Explained

This doctrine mandates that someone with a pre-existing condition must be taken at face value. Medical professionals and legal representatives cannot turn someone away because of old injuries since those injuries could have been made worse by an accident. Ergo, even if someone is more fragile than others, they are still entitled to compensation. The doctrine supports fair settlements, holds negligent parties accountable, and thoroughly examines medical records for pre-existing conditions.

How Medical Records Strengthen a Claim

Detailed medical examinations create a record trail, noting changes before and after an accident. New medical records will highlight worsening symptoms and new treatments, creating an undeniable case for personal injury claims. Sometimes, having a medical professional back up your claims is worth its weight in gold.

Common Pre-Existing Conditions that Affect Claims

• Previous surgeries. Scar tissue can build up within a surgical site, complicating recovery and worsening after trauma.
• Chronic pain conditions. Illnesses like fibromyalgia can worsen after an accident, making it difficult to determine where old pain ends and new pain begins.
• Degenerative Disc Disease (and other severe back problems). Diseases and disorders that affect your back can get worse after aggravation, like a traumatic accident.
• Accidents can flare joint pain, worsening the condition with severe inflammation.

Legal Assistance for Claims Involving Pre-Existing Conditions

Dealing with an insurance company when you have a pre-existing condition is like bringing a butter knife to a sword fight. It would be best to have a knowledgeable, challenge-ready attorney who handles tricky cases. One who can argue your side, convincing others that the accident negatively impacted your life while exacerbating old wounds.

Don’t let a pre-existing condition prevent you from getting well-deserved compensation after an accident. Contact Grewer Law to map out a personal injury claim with our experienced personal injury attorneys.