Pre-existing medical conditions can play a significant role in personal injury cases. While they do not prevent someone from receiving compensation, they can influence the amount awarded, depending on how they affect the injury claim.
Aggravation of a pre-existing condition
If an accident worsens an existing condition, the injured party may still receive compensation. However, the compensation will only cover the aggravation of the pre-existing condition, not the original medical issue itself. Medical records become essential in proving how the accident impacted the pre-existing condition.
The eggshell plaintiff rule
The “eggshell plaintiff” rule states that defendants must take the injured person as they find them. This means even if the injured party had a pre-existing condition that made them more susceptible to injury, the at-fault party could still be liable for the damages caused. The rule protects individuals from being penalized for conditions that make them more vulnerable.
Medical documentation is key
Accurate medical documentation is critical when dealing with pre-existing conditions in a personal injury case. A clear medical history before and after the accident helps determine how the accident affected the individual’s health. Doctors’ statements and medical tests can show the difference between the pre-existing condition and any new injuries caused by the accident.
Working with legal and medical professionals
When pursuing a personal injury claim involving pre-existing conditions, it is essential to work with legal and medical professionals. They can help navigate the complexities of proving how the accident affected the condition and ensure the injured party receives fair compensation for their injuries
.Accurately addressing pre-existing medical conditions is crucial in personal injury cases to ensure fair compensation. Proper documentation helps navigate these complexities, ensuring justice is served for all parties involved.
