Suffering from a pre-existing condition can limit your ability to file a claim for any other type of injury, including an injury caused by an accident or the negligence of another person. It can be incredibly misfortunate to suffer damages while already recovering from an incident. Your situation will only get worse as you now try to recover from multiple injuries. Things can get even more complicated when dealing with a pre-existing condition if you attempt to file a personal injury claim. This article will provide a comprehensive guide to filing a personal injury claim while enduring a pre-existing condition.
Insurance Companies Look for Pre-Existing Conditions
One of the first things an insurance company will do when receiving a personal injury claim is to search for pre-existing conditions. Why? The insurance company is looking for any reason to deny your claim or limit the amount of money they must pay. The insurance company might go as far as saying that the accident didn’t cause your new injuries, but instead were due to the acceleration of a pre-existing condition.
The Eggshell Plaintiff Theory
The Eggshell Plaintiff Theory states that victims of accidents should not have pre-existing conditions held against them because of the level of damage they suffered in an accident. A pre-existing condition should never discourage a victim from seeking compensation. This theory holds people liable for accidents regardless of the victim’s pre-existing condition.
Medical Documentation Is Key
The medical documentation of your pre-existing condition, as well as the documentation of the injuries suffered in the accident, are crucial to filing a successful claim. You will need to: authenticate your pre-existing injuries or medical condition; document any trauma from the accident; and outline any correlations between the two impairments, if applicable. Therefore, you need to seek medical attention immediately following an accident.
Aggravating a Pre-Existing Injury
When it comes to exacerbation and aggravation of an injury, aggravating a pre-existing condition can help your personal injury claim. It can be more difficult and expensive to recover from an injury sustained in an accident; because you already suffer from a pre-existing injury or condition. The bottom line here is that it’s not your fault that you have brittle bones; a soft skull; or a heart condition. If an incident aggravates those types of pre-existing conditions, then you are still capable of filing a claim for a personal injury.
Dealing with a Pre-Existing Injury? Contact an Experienced Attorney
If you are already dealing with a pre-existing injury, and you suffer a subsequent injury in an accident, the best course of action you can take is to speak with an experienced personal injury attorney. The Law Offices of James C. DeZao, P.A. has a skilled team of professional attorneys. They can help you build a personal injury case to get the compensation you deserve, regardless of pre-existing injuries. We operate on a “contingency fee basis”; meaning you don’t have to pay any fees until you recover funds from the responsible party or their insurance company. So, what do you have to lose? Call us at (973) 358-6134 to schedule your free consultation today.