In some personal injury cases, the injured party may be faced with opposition from the defendant’s insurance company if there are pre-existing conditions. Though you cannot collect damages on pre-existing conditions, you are however, entitled to monetary compensation for any physical or mental conditions that aggravated them. Any injury lawyer will tell you that it is vital to disclose any injuries you had prior to your accident. This is actually beneficial to you and your case. Below, we will go over how your pre-existing conditions may affect your injury claims and what you and your accident attorney can do.
If you are suffering from injuries, please do not hesitate to contact us. Consultations are free!
Injury Lawyer | Understanding the Affects
In California, it is important to understand how your pre-exisiting conditions will affect your case. In 1977 there was a case Ng v. Hudson. This case goes on to state that an attorney must consider pre-existing conditions when new injuries occur. This is because the current accident can greatly affect the injuries that were already sustained.
Though a pre-existing condition can complicate your claim, it does not mean that you should not seek compensation for your current accident. This is where an accident attorney at Silverthorne Attorneys will come in handy. We will be able to establish just how badly you were injured from your current accident. As well as determine if and how much further damage was done to pre-existing conditions.
Disclose Prior Injuries
When you first meet with an injury lawyer about your case you want to make sure you disclose any and prior injuries. Even if you think they are irrelevant to your case. This is because it is likely that the insurance company will find out about them and if can greatly affect the outcome of your case.
The insurance company will likely try to dispute your claim. They will do this by saying that your past condition in no way affects your current condition. However, in some personal injury cases, that is just not true. And if you minimize the effects the accident had on your pre-existing conditions, you are looking at a settlement that will be nowhere near adequate enough to pay for long term care.
What is the Egg-Shell Plaintiff?
This is something I hadn’t heard of until I started doing research for today’s post. The “eggs-shell plaintiff” is a concept that applies to pre-existing conditions in personal injury claims. This rule does apply to all personal injury cases and is not just solely used for those with pre-existing conditions. It states that the frailty of the injured party is not a valid defense against a PI claim.
For example, a pre-existing condition may cause someone to be in a weakened state. Which then causes them to be more susceptible to injuries. Put simply, they must accept you in the condition you are in at the time of your accident; pre-existing conditions or not.
Some accidents can and do aggravate or worsen pre-existing conditions. And it is up to your injury lawyer and your doctor to prove that your current injuries are causing complications to your pre-existing condition.
Common Pre-Existing Conditions
A pre-existing condition is basically any condition existing prior to the accident. It’s pretty self-explanatory. However, there are some asymptomatic conditions that include the following:
- Degenerative disk disease;
- Lumber spine stenosis;
These are just a few degenerative conditions that affect the spine and neck and usually they do not cause pain.
Injured? Contact an Accident Attorney Today!
Even if you have a pre-existing condition and you have been in an accident, you still have a case. Though pursuing a case will be complicated, it is not impossible. An injury lawyer in our office will be able to put your case together and do whatever it takes to make sure you are compensated accordingly.
If you are suffering from injuries due to an accident, give us a call at (949) 234-6034. Consultations with an accident attorney in our office are free!