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When pursuing a personal injury claim, one of the complexities that can arise is the presence of pre-existing conditions. These conditions can significantly impact the outcome of your claim, affecting the compensation you may receive. Understanding how pre-existing conditions are treated in personal injury cases is crucial for anyone involved in an accident. This article will explore the various ways pre-existing conditions can influence personal injury claims in Evansville and what steps you should take to protect your rights.
The Role of an Evansville Personal Injury Lawyer
If you have a pre-existing condition and are involved in an accident, it is essential to consult with an Evansville personal injury lawyer. An experienced lawyer can help navigate the complexities of your case, ensuring that your pre-existing condition does not unfairly reduce your compensation. They can also assist in gathering the necessary evidence and presenting a strong argument to support your claim.
Understanding Pre-Existing Conditions
Definition of Pre-Existing Conditions
Pre-existing conditions are any medical conditions or injuries that you had before the accident occurred. These can include chronic illnesses, prior injuries, or any other medical issues that were present before the incident that led to your personal injury claim.
Common Examples
- Chronic Back Pain: A person with a history of back pain who is involved in a car accident may find that their injury exacerbates this condition.
- Arthritis: An individual with arthritis may experience increased pain and mobility issues after an accident.
- Previous Fractures: A previously fractured bone may become more susceptible to re-injury.
How Pre-Existing Conditions Affect Personal Injury Claims?
1. The Eggshell Plaintiff Doctrine
The “eggshell plaintiff” doctrine is a legal principle that states that a defendant must take a plaintiff as they find them. This means that if a person has a pre-existing condition that makes them more susceptible to injury, the defendant is still fully liable for the damages caused, even if the injuries are more severe than what would be expected in a healthier individual.
2. Aggravation of Pre-Existing Conditions
In many personal injury cases, the focus is on whether the accident aggravated a pre-existing condition. Compensation can be awarded for the exacerbation of an existing condition, but it is crucial to prove that the accident caused a measurable worsening of the condition. Medical evidence and expert testimony are often required to establish this link.
3. Proving the Impact of an Accident on Pre-Existing Conditions
To successfully claim compensation for the aggravation of a pre-existing condition, you must provide clear and convincing evidence. This includes:
- Medical Records: Detailed medical records that document your condition before and after the accident.
- Expert Testimony: Testimony from medical experts who can explain how the accident affected your pre-existing condition.
- Personal Testimony: Your own account of how your condition has worsened since the accident.
Steps to Take if You Have a Pre-Existing Condition
1. Disclose Your Condition
It is vital to be upfront about any pre-existing conditions when filing a personal injury claim. Hiding or downplaying these conditions can harm your credibility and weaken your case.
2. Seek Immediate Medical Attention
After an accident, seek immediate medical attention, even if you believe your injuries are minor. Prompt medical evaluation can help document any aggravation of your pre-existing condition and provide a baseline for your health before the accident.
3. Maintain Comprehensive Medical Records
Keep detailed records of all medical treatments, including those for your pre-existing condition and any new treatments required after the accident. This documentation will be crucial in proving how the accident affected your health.
4. Work with an Experienced Lawyer
An experienced Evansville personal injury lawyer can help you navigate the complexities of your case, ensuring that your pre-existing condition is accurately represented and that you receive fair compensation.
Challenges in Personal Injury Claims with Pre-Existing Conditions
1. Defense Tactics
Defendants and their insurance companies may attempt to minimize or deny your claim by arguing that your injuries are solely due to your pre-existing condition. They may claim that the accident did not cause any new injuries or aggravate existing ones.
2. Burden of Proof
The burden of proof lies with the plaintiff to show that the accident aggravated their pre-existing condition. This often requires substantial evidence, including medical records and expert testimony.
3. Comparative Negligence
In some cases, the defense may argue that you were partially responsible for your injuries due to your pre-existing condition. For example, they might claim that you did not follow medical advice or take proper precautions to manage your condition, which contributed to the severity of your injuries.
Conclusion
Pre-existing conditions can complicate personal injury claims, but they do not automatically disqualify you from receiving compensation. By understanding how these conditions are treated in personal injury cases and taking the appropriate steps, you can protect your rights and pursue a fair settlement. If you have been injured in an accident and have a pre-existing condition, it is crucial to seek the assistance of an experienced Evansville personal injury lawyer. They can help you navigate the legal complexities, gather necessary evidence, and ensure that you receive the compensation you deserve for the aggravation of your pre-existing condition. Remember, transparency and thorough documentation are key to building a strong personal injury claim.
