How Pre-Existing Conditions Affect Auto Injury Claims

Pre-existing conditions can significantly impact car accident claims, adding complexity to the process and potentially affecting the compensation you receive. Here's a detailed look at how pre-existing conditions can influence your claim:

1. Aggravation of Pre-Existing Conditions

When a car accident worsens a pre-existing condition, it can complicate the claims process. For example, if you had mild arthritis before the accident and now experience severe joint pain, the accident is considered to have aggravated your condition. This is known as the "eggshell plaintiff" rule, which states that the at-fault party is responsible for the full extent of the injuries, even if the victim was more susceptible to injury due to pre-existing conditions.

2. Challenges in Proving New Injuries

Insurance companies may argue that your injuries are not new but rather symptoms of your existing condition. They might use your medical history to downplay the severity of your injuries or claim that the accident had little to no impact on your health. This can make it difficult to prove that the accident caused new injuries or significantly worsened your pre-existing condition.

3. Increased Scrutiny by Insurance Companies

Insurance adjusters will closely examine your medical records when you have a pre-existing condition, looking for reasons to reduce or deny your claim. They may question the severity of your injuries, argue that treatment is unnecessary because it relates to your pre-existing condition, or attempt to shift blame to your health history instead of the accident.

4. Steps to Strengthen Your Claim

Despite these challenges, there are several steps you can take to protect your right to compensation:

  • Be Honest About Your Medical History: Full disclosure is crucial when dealing with insurance companies or pursuing a personal injury claim. You must disclose a pre-existing condition to maintain your credibility and your case.

  • Gather Comprehensive Medical Records: Collect detailed medical records that document your condition before and after the accident. This can help demonstrate the impact of the accident on your health.

  • Consult with a Personal Injury Lawyer: An experienced attorney can help navigate the complexities of your case, gather necessary evidence, and advocate for your rights.

5. Legal Principles and Protections

The "eggshell plaintiff" doctrine ensures that the at-fault party is liable for the entirety of the harm they inflict, regardless of the victim's pre-existing vulnerabilities. This legal principle means that the burden of the aftermath does not fall unjustly on the victim, even if they were more susceptible to injury due to pre-existing conditions.

Conclusion

Pre-existing conditions can add complexity to car accident claims, but they do not negate your right to compensation. By being honest about your medical history, gathering comprehensive medical records, and seeking legal assistance, you can strengthen your claim and ensure that you receive fair compensation for the aggravation of your pre-existing condition.

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