How Do Pre-Existing Injuries Affect My Personal Injury Claim?
In a personal injury case, it is not uncommon for a victim to encounter questions from the at-fault party’s legal team and the insurance company regarding pre-existing conditions. Accident victims are not entitled to compensation for any previous conditions or injuries they might have had, but they could be eligible for compensation in cases where their condition was worsened as a result of the accident. This could cover physical and mental injuries, or a combination of the two.
The Importance of Disclosing Previous Injuries or Conditions
After being involved in an accident, it is crucial to be honest with your personal injury attorney regarding any pre-existing conditions you had at the time of your accident. If you do not disclose these conditions, or if you omit vital information, your chances of securing a fair settlement could be irreparably damaged. In cases where a new injury affects the same area as an old injury, disclosure is particularly essential, since the entire claim can be jeopardized by the victim’s failure to be upfront about all pre-existing injuries.
Remember, an insurance company will do their due diligence and scrutinize your past, so it is best to be forthcoming and to work with doctors to prove how the accident aggravated your previous conditions.
Eggshell Plaintiff Theory
Some individuals have conditions that make them much more prone to sustaining injuries in an accident. This does not mean they are less entitled to compensation, however. This theory essentially states that defendants must take plaintiffs as they are, and that they cannot use the plaintiff’s prior conditions during injury attribution.
Explaining your conditions is not only crucial to the success of your case, but it will also help ensure that you are correctly treated and accurately compensated for the accident.
The Importance of Medical Records
People often worry that mentioning a pre-existing condition will completely ruin their chances of obtaining the compensation they deserve. To the contrary, there are actually some advantages. Prior injuries and conditions provide a solid way for judges, juries, and attorneys to see how an individual has suffered as a result of an accident through an examination of the injured person’s medical records.
Medical records documenting your previous injuries or condition will also be immensely helpful for your lawyer, who will likely discuss them with a medical witness if your case goes through litigation. This can help prove how the accident aggravated your pre-existing condition.
Car Accident Attorneys in Tulsa
Car accidents are traumatic and stressful events, especially when they result in serious injuries and property damage. At Richardson Richardson Boudreaux, PLLC, our Tulsa team of personal injury attorneys understand that the aftermath of an accident is often a difficult time, which is why we are dedicated to pursuing justice and maximum compensation on behalf of our clients.
We also believe that you should take this time to focus on your recovery and getting back on your feet, which is why we will not charge you any legal fees until we win your case.
Contact us today at (918) 347-6456 to schedule a free initial case evaluation with a knowledgeable member of our legal team.