Suffering an injury due to someone else’s negligence is already a challenging experience, but when a pre-existing health condition is involved, the situation can become even more complex. Insurance companies and defense attorneys often scrutinize these cases, seeking ways to minimize compensation by attributing injuries to prior medical issues. However, individuals with pre-existing conditions still have legal rights and may be entitled to compensation for worsening their health. Understanding how these conditions impact personal injury claims is crucial for ensuring fair treatment under the law. Those dealing with such cases should also be aware of the long term disability pre-existing condition provision, which can play a role in how insurance companies assess claims.
The Role of the ‘Eggshell Plaintiff’ Doctrine
One of the most important legal principles protecting individuals with pre-existing conditions is the “eggshell plaintiff” doctrine. This legal concept establishes that a negligent party is responsible for the full extent of the injuries caused, even if the injured person is more vulnerable due to a prior condition. In other words, defendants cannot escape liability simply because the victim is more susceptible to harm than an average person.
For example, suppose a person with a history of back problems is involved in a car accident that exacerbates their condition. In that case, the at-fault party is still responsible for worsening their injuries. The law recognizes that a negligent action should not be excused simply because the injured party had an existing vulnerability. However, while this principle provides protection, it does not prevent insurance companies from attempting to dispute claims, often arguing that the injuries were not directly caused by the accident but rather by the pre-existing condition itself.
The Challenge of Proving Aggravation of Injuries
One of the biggest obstacles faced by individuals with pre-existing conditions in personal injury claims is proving that the incident aggravated their injuries. Insurance adjusters and defense attorneys will often attempt to downplay the severity of new injuries or claim that symptoms merely continue prior health issues. This is where thorough medical documentation becomes essential.
To strengthen a claim, a plaintiff must provide clear evidence that their condition worsened as a direct result of the accident. This often requires detailed medical records from before and after the incident and expert testimony from healthcare professionals who can explain how the event contributed to further damage. Doctors may conduct comparative assessments, including diagnostic imaging, to illustrate changes in patient condition. Without solid proof, it becomes easier for insurers to argue that no new harm was done.
Additionally, honesty and transparency about prior medical history are crucial. If an injured party attempts to conceal past health conditions and is later caught in a contradiction, their credibility may suffer, ultimately harming their case. Instead of hiding medical history, working with an experienced personal injury attorney can help navigate the challenges of proving an aggravated injury while countering insurance company tactics.
How Insurance Companies Handle Pre-Existing Conditions
Insurance companies are in the business of minimizing payouts, and when a pre-existing condition is involved, they often use it to reduce settlement amounts. One common tactic is the “causation defense,” in which insurers argue that the accident had little to no impact on the claimant’s condition. They may hire medical experts to dispute claims or use prior medical records to suggest that injuries were inevitable rather than caused by the negligent party.
Another strategy involves offering a quick but low settlement in hopes that the injured party will accept it without fully understanding the long-term impact of their injuries. This is especially problematic for individuals with pre-existing conditions, as they may require extended medical treatment or suffer increased pain over time. Accepting an early settlement without legal consultation could leave them without the resources needed for future medical care.
To counter these tactics, claimants should work with legal professionals who can negotiate and ensure their rights are protected. By gathering medical evidence, consulting specialists, and presenting a well-documented case, an attorney can demonstrate that the accident worsened the pre-existing condition, making the defendant liable for the additional harm.
Conclusion
Pre-existing health conditions add an extra layer of complexity to personal injury claims, but they do not eliminate a victim’s right to seek compensation. The law recognizes that negligent parties must take individuals as they are, meaning that the at-fault party is still responsible if an accident exacerbates an existing condition. However, proving the aggravation of injuries requires strong medical evidence, legal expertise, and a strategic approach to counter insurance company defenses. Seeking legal guidance early in the process can help ensure that individuals with pre-existing conditions receive the fair compensation they deserve.
