Can a Pre-Existing Condition Impact a Personal Injury Lawsuit?

People are often reluctant to disclose pre-existing conditions during a personal injury lawsuit. This is an understandable feeling given that the at-fault party’s insurance company may not want to pay out the claim willingly. They will be even less inclined to do so if they find out that a client failed to disclose pre-existing conditions. The client needs to understand that full-disclosure is essential in receiving compensation during a personal injury lawsuit.

Full-Disclosure is Key

Different states have different names for the same general principle, “The Eggshell Theory”, the defense must take the plaintiff as they are. This means that if the plaintiff is prone to injury due to another condition, the defendant can still be held liable during the lawsuit.

Medical records are essential in a personal injury lawsuit. Doctor’s records can differentiate between old and new injuries. Their accounts in the plaintiff’s medical records can also help with the determination that the incident in question aggravated or made it worse.

In most lawsuits, it is not the existence of a pre-existing condition that causes problems, but the omission of that injury. When a plaintiff hides the fact that they suffer from some health issues, and they did not disclose them for the lawsuit, the credibility of that plaintiff is brought into question, not their injury.

Proving Negligence

The legal counsel of a plaintiff in a personal injury case has the task of proving that the defendant’s actions or inaction in a situation caused injury to the plaintiff. Legal counsel will likely obtain accident reports if they exist to help aid their case. The incorporation of a plaintiff’s medical records can help show a difference between an older injury (pre-existing) and the new injury, which is the reason for the lawsuit.

It is still possible to obtain compensation for damages in a lawsuit if new injuries made pre-existing ones worse. The only time this is not true is when the plaintiff tries to hide the fact that they even exist. Legal counsel will be able to help a plaintiff sort out the details of their case, including the disclosure of the pre-existing condition.

Obtaining Help From Personal Injury Lawyers

Personal injury lawyers are no strangers to handling cases with pre-existing conditions weaved within them. These lawyers even know all the tricks the insurance companies try to use to get out of paying a victim. That is why victims should never try to handle their case themselves, especially if they have pre-existing conditions present. Personal injury attorneys can help their clients receive the maximum compensation or fair settlement they deserve even if they have a pre-existing condition present. Best part is, most personal injury firms only charge if they win your case. That means no legal fees for you unless they win and you receive compensation.



Source by George N Anderson

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