The Impact of Pre-Existing Conditions on Your Personal Injury Claim
Austin, Texas, known for its vibrant music scene, is full of opportunity and activity. With so much happening, accidents are unfortunately inevitable. In these instances, a personal injury claim may be the right action to recover from your losses. However, filing and pursuing a personal injury claim can become more complex if you have pre-existing conditions.
To overcome this challenge effectively, it is essential to work with experienced Austin personal injury attorneys who understand how to handle these types of cases. In this blog, we will explore how pre-existing conditions can impact your personal injury claim.
Understanding Pre-existing Conditions
According to the Centers for Disease Control and Prevention, around 60% of U.S. adults live with a chronic condition, which could complicate many personal injury claims. Understanding how these existing health issues can impact your case is crucial.
Pre-existing conditions refer to any medical issues or injuries before the accident. These conditions often complicate injury claims because insurance companies might argue that the current injuries are related to the pre-existing condition rather than the recent accident.
Types of Pre-Existing Conditions That Commonly Affect Claims:
- Chronic Pain Conditions: Conditions such as fibromyalgia, back pain, or neck pain that existed before the injury.
- Degenerative Diseases: Arthritis or other joint problems that worsen over time.
- Previous Injuries: Prior fractures, sprains, or surgeries that may affect the same area as the new injury.
- Mental Health Conditions: Anxiety, depression, or PTSD that could be aggravated by the accident.
How Do Pre-Existing Conditions Affect Personal Injury Claims?
1. Proving Causation
You must prove that the accident caused or worsened your condition to receive compensation. It often requires detailed medical records, expert testimony, and other evidence linking your current symptoms to the accident. Without this proof, the insurance company might deny your claim or offer a low settlement.
2. The “Eggshell Plaintiff” Rule
The “eggshell plaintiff” rule protects individuals with pre-existing conditions. It states that defendants are responsible for all injuries caused by their actions, even if the victim was more vulnerable due to pre-existing conditions. For instance, if someone with a fragile spine gets into a minor car accident and suffers severe injuries, the at-fault party is still liable for those injuries.
3. Increased Scrutiny from Insurers
Insurance companies often scrutinize claims involving pre-existing conditions more closely. They may request access to your complete medical history to find evidence that minimizes their payout. While you must provide some medical records, you should work with your attorney to limit unnecessary disclosures, such as unrelated medical conditions or personal information, that could harm your case.
4. Aggravation
You must demonstrate that the accident made your condition worse. It requires medical records showing the severity of your condition before and after the injury. Without clear evidence, insurers may claim that your symptoms are just a result of aging or the natural progression of your pre-existing condition.
Final Thoughts
While pre-existing conditions complicate personal injury claims, they don’t mean you’re not entitled to compensation. You can strengthen your case by being upfront about your medical history, gathering detailed evidence, and working with an experienced attorney. They can help navigate the legal complexities and ensure you receive the compensation you deserve.
