Pre-existing injuries can have a significant impact on personal injury cases. It raises complex legal questions regarding causation, damages, and the overall outcome of a claim. If you have been injured in an accident but had pre-existing injuries or medical conditions, it’s important to understand how these factors may influence your case. In this post, we will explore the implications of pre-existing injuries in personal injury cases and provide insights to help you navigate the legal process.
Disclosure of pre-existing injuries
Full disclosure of your medical history, including pre-existing injuries or conditions, is crucial when pursuing a personal injury claim. Provide accurate and comprehensive information to your attorney and healthcare providers, as it will play a significant role in evaluating the impact of your pre-existing injuries on the current case.
Aggravation of Pre-Existing injuries
If the accident exacerbates or aggravates your pre-existing injuries, you may still be eligible for compensation. The responsible party can be held liable for the additional harm caused by the accident, even if you had pre-existing conditions. It is essential to establish a clear connection between the accident and the worsening of your existing injuries.
Causation & Burden of Proof
Proving causation becomes more complex when pre-existing injuries are involved. You must demonstrate that the accident directly caused the aggravation or worsening of your pre-existing condition. This often requires expert medical testimony and a thorough analysis of medical records and diagnostic reports.
Comparative Negligence & Damages
In cases where comparative negligence is applicable, the percentage of fault assigned to each party may impact the damages you are entitled to receive. The responsible party may argue that your pre-existing injuries contribute to the severity of your current condition, potentially reducing the amount of compensation you can recover.
Documentation & Medical Evidence
Thorough documentation and medical evidence are critical when dealing with pre-existing injuries. Ensure that medical records clearly distinguish between the pre-existing condition and any new injuries or aggravation resulting from the accident. Seek medical evaluations and opinions from healthcare professionals who can provide a clear assessment of the impact of the accident on your pre-existing injuries.
Insurance Company Tactics
Insurance companies may attempt to downplay the significance of your pre-existing injuries or use them as a basis for denying or minimizing your claim. They may argue that your injuries were pre-existing or unrelated to the accident. It is crucial to work with an experienced personal injury attorney who can counter these tactics and advocate for your rights.
Contributory Negligence
Defendants may argue that you assumed the risk or engaged in contributory negligence due to your pre-existing injuries. Their legal defense strategies may include claiming that you were already experiencing pain or limitations before the accident. An attorney can help counter these arguments and build a strong case in your favor.
Expert Testimony & Rehabilitation
In cases involving pre-existing injuries, expert testimony from medical professionals becomes paramount. Experts can provide opinions on the extent of the aggravation, the causal relationship between the accident and the worsening of your condition, and the necessary rehabilitation or treatment to recover or manage your injuries.
Pre-existing injuries can undoubtedly complicate personal injury cases, but they do not automatically disqualify you from seeking compensation. The key is to establish a clear link between the accident and the aggravation or worsening of your pre-existing condition. Working with an experienced personal injury attorney who understands the complexities of these cases is essential. They will gather relevant evidence, consult medical experts, and build a strong case on your behalf. By effectively addressing pre-existing injuries in your personal injury claim, you can pursue fair compensation for the damages you have suffered. Shane Gosdis is dedicated to getting the compensation you deserve. To schedule a consultation call (385) 429-9960 or email s@gosdis.lawyer today.
