Personal injury claims can become complicated when the injured party has pre-existing medical conditions. Many individuals may be discouraged from filing claims, fearing that their injuries will not be considered valid due to a prior condition. However, having a pre-existing condition does not automatically disqualify someone from seeking compensation. In fact, personal injury law takes these complexities into account, allowing individuals with pre-existing conditions to receive fair compensation for injuries caused by another’s negligence.
This blog will explore how pre-existing conditions impact personal injury claims, the legal nuances involved, and why working with an experienced personal injury lawyer is essential for navigating these challenging cases.
What Is a Pre-existing Condition?
A pre-existing condition is any injury or medical issue that an individual had prior to the accident or event that led to the personal injury claim. These conditions can range from chronic illnesses, such as arthritis, to previous injuries like a back injury or a broken bone that has since healed. The challenge with pre-existing conditions is that they can complicate the process of proving that new injuries or worsening of prior conditions are directly related to the accident in question.
Insurance companies often seize on the existence of pre-existing conditions to minimize or deny a claim, arguing that the injuries were not caused by the accident but were instead the result of the prior condition. However, under personal injury law, an individual can still recover compensation if the accident aggravated or worsened a pre-existing condition. This is where the knowledge and experience of a personal injury attorney in New Jersey becomes invaluable.
The Legal Concept of “Eggshell Plaintiff”
Personal injury law follows a principle known as the “eggshell plaintiff” rule. This legal doctrine means that the defendant is liable for any injury caused to the plaintiff, even if the plaintiff is more vulnerable to injury due to a pre-existing condition. Essentially, you take the plaintiff as you find them. If a person’s pre-existing condition makes them more susceptible to injury, the defendant cannot use that as an excuse to avoid liability for the harm caused.
For example, if someone with a pre-existing back condition is rear-ended in a car accident, and the impact worsens their back pain, the at-fault party may still be responsible for the exacerbation of that condition. The injured party is entitled to compensation for the additional harm caused by the accident, even though their back was not in perfect health prior to the crash.
Proving Aggravation of a Pre-existing Condition
One of the most significant challenges in personal injury cases involving pre-existing conditions is proving that the accident aggravated the prior condition. To do this, your personal injury lawyer will need to gather substantial evidence that demonstrates the extent of your pre-existing condition before the accident, as well as the worsening of that condition after the accident.
Key pieces of evidence might include:
- Medical Records: Documentation of your condition both before and after the accident is crucial. This may involve obtaining records from your primary care physician, specialists, or any healthcare provider who treated your pre-existing condition.
- Medical Expert Testimony: Your personal injury lawyer may also work with medical experts who can testify that the accident likely worsened your condition and that this exacerbation was caused by the defendant’s negligence.
- Detailed Documentation of Symptoms: Keep a detailed record of how your symptoms have changed since the accident. Include pain levels, physical limitations, and the impact on your daily life. This can help show that the accident aggravated your condition.
What You Need to Know About Insurance Company Tactics
Insurance companies will often use pre-existing conditions as a way to minimize payouts on personal injury claims. They may argue that your injuries were not caused by the accident or that the accident only caused a minor aggravation, therefore limiting the compensation you should receive.
Common tactics used by insurance companies include:
- Denying the Aggravation: Claiming that the accident did not worsen your pre-existing condition.
- Shifting Blame: Asserting that your current medical issues are due to the natural progression of your pre-existing condition and not the result of the accident.
- Offering Low Settlements: Proposing a low settlement based on the argument that your injuries are primarily related to your pre-existing condition rather than the accident.
An experienced personal injury lawyer can combat these tactics by presenting strong evidence and negotiating aggressively on your behalf to ensure you receive the compensation you deserve.
Compensation in New Jersey Personal Injury Cases Involving Pre-existing Conditions
When you file a personal injury claim, you are entitled to seek compensation for the injuries caused by the accident. Even if you have a pre-existing condition, you may still be able to recover compensation for the aggravation of that condition. In such cases, you may be eligible to recover:
- Medical Expenses: This includes medical bills related to treating the exacerbation of your pre-existing condition, such as hospital stays, surgeries, physical therapy, and ongoing medical care.
- Lost Wages: If your aggravated injury causes you to miss work, you may be compensated for lost income, including future lost wages if your ability to work is impacted long-term.
- Pain and Suffering: Aggravation of a pre-existing condition can cause significant physical pain and emotional distress. You may be compensated for the additional pain and suffering caused by the defendant’s negligence.
- Reduced Quality of Life: If the worsening of your condition limits your ability to engage in activities you once enjoyed, you may be entitled to compensation for the loss of quality of life.
Why You Need to Hire a Personal Injury Lawyer for Cases Involving Pre-existing Conditions
Personal injury claims that involve pre-existing conditions are often more complicated than standard claims. Successfully proving that an accident aggravated a prior injury or condition requires a thorough understanding of both medical and legal principles. An experienced personal injury lawyer can:
- Gather and Analyze Medical Evidence: Your attorney will collect and evaluate your medical records and consult with medical experts to prove that the accident worsened your pre-existing condition.
- Fight Insurance Company Tactics: Insurance companies will attempt to minimize your claim by focusing on your pre-existing condition. A skilled personal injury attorney knows how to push back against these tactics and secure the fair compensation you deserve.
- Maximize Your Compensation: With the help of an experienced attorney, you can ensure that all damages related to the aggravation of your pre-existing condition are considered in your claim, maximizing the compensation you receive.
Don’t Let a Pre-existing Condition Prevent You from Filing a Personal Injury Claim in New Jersey – Contact Blume Forte Fried Zerres & Molinari for a Consultation
If you have a pre-existing condition and were injured in an accident, you may still be entitled to compensation. Personal injury law protects individuals with pre-existing conditions, ensuring that they can recover damages for the aggravation of those conditions caused by someone else’s negligence.
Don’t let the complexity of your case deter you from seeking the compensation you deserve. The experienced personal injury attorneys at Blume Forte Fried Zerres & Molinari are here to help. Call us today at 973-845-4421 or fill out our online contact form to schedule a free consultation and learn more about your legal options.