In personal injury law, no detail weighs more heavily than a pre-existing condition. Insurance companies seize on these conditions to reduce or deny claims, usually blaming injuries on the past instead of the incident in question. Plaintiffs with prior medical issues frequently face intense scrutiny, especially when they seek rightful compensation for new harm.
That’s where experienced attorneys for personal injury claims step in, ready to push back, present medical evidence clearly, and link the current injury directly to the defendant’s actions. Their insight turns complex cases into strong legal arguments. This post reveals how pre-existing conditions influence personal injury claims and why the right legal team makes all the difference.
The “Eggshell Plaintiff” Rule
Courts follow the “eggshell plaintiff” rule, which holds that defendants must take victims as they find them. If an accident worsens an existing injury, the person responsible still bears full liability for the new damage. The law prohibits defendants from escaping responsibility because the injured party had prior health complications. This rule levels the field for claimants with old injuries or chronic illnesses.
Proving Aggravation vs. New Injury
The challenge arises in separating the effects of a pre-existing condition from new harm. Medical records play a vital role here. Lawyers collect detailed documentation showing the injured person’s health before and after the incident. Comparing these records helps prove the aggravation of an existing injury or identify a new one caused directly by the event.
Doctors are expert witnesses who review past treatment history, current imaging, and symptoms. Their testimony supports the claim that the event led to increased pain, reduced function, or a new diagnosis. These insights clarify the court and reinforce the connection between the defendant’s actions and the claimant’s suffering.
Impact on Settlement Value
Pre-existing conditions affect how much compensation a person receives. Insurance companies offer lower settlements when they believe most injuries existed before the incident. They argue that any current pain or disability would have happened regardless. Lawyers must push back with facts, expert statements, and time-stamped medical evidence proving the incident worsened the condition or caused new harm.
Courts respond to strong and consistent proof. When plaintiffs show that their condition remained stable before the event and worsened immediately after, the value of their case rises. The timeline matters, and so does treatment history. Both help paint a clear picture for judges and juries, removing doubt and increasing award potential.
Importance of Timely Medical Attention
Delays in treatment hurt cases involving pre-existing conditions. Prompt care after the incident helps build a record showing a change in health. If too much time passes, insurers and defense attorneys argue that something else caused the new symptoms. Immediate action supports a direct link between the event and the injury’s escalation.
Victims strengthen their cases when they follow medical advice and attend every appointment. Gaps in care raise red flags, while steady treatment signals a serious injury-driven response. Consistency proves both credibility and suffering.
Conclusion
In summary, pre-existing conditions do not block personal injury claims but shape how each case unfolds. Plaintiffs must prove the incident worsened their condition or caused new harm. Clear medical records, expert testimony, and consistent treatment build that proof. When handled correctly, even complex health histories support strong and successful claims.