When pursuing a personal injury claim, the presence of pre-existing conditions can introduce significant complexity into the legal process. A pre-existing condition refers to any medical condition or injury that existed before the incident that caused the injury. These conditions could range from chronic ailments like arthritis or heart disease to past injuries that never fully healed, such as a previous car accident or a sports-related injury.
While pre-existing conditions do not necessarily prevent an individual from receiving compensation, they can influence the outcome of a claim. In this article, we will explore how pre-existing conditions impact personal injury claims, the legal concepts involved, and how individuals can navigate the challenges that arise in these situations.
1. How Pre-existing Conditions Affect Personal Injury Claims
In most personal injury cases, the injured party must prove that the other party’s negligence directly caused their injuries. However, the presence of pre-existing conditions can complicate this process, as it may be challenging to distinguish between the injuries caused by the accident and those that were already present.
Insurance companies and defense lawyers often argue that the injury was worsened by an existing condition rather than being caused by the accident itself. For example, if someone with a pre-existing back condition is involved in a car accident, the insurer might claim that the injury is related to the previous condition, not the impact of the crash.
However, this does not mean that victims with pre-existing conditions cannot seek compensation. It simply means that the process becomes more complicated and requires clear evidence linking the injury to the incident.
2. The “Take Your Victim As You Find Them” Rule
In many personal injury cases, the law follows the principle of “take your victim as you find them.” This legal doctrine means that the defendant is liable for the full extent of the plaintiff’s injuries, even if the plaintiff’s pre-existing condition made them more susceptible to harm.
Under this rule, the defendant is not allowed to escape liability by claiming that the victim’s injuries would not have been as severe if they had been healthier or without a pre-existing condition. Essentially, the defendant is responsible for exacerbating the plaintiff’s injury, even if the plaintiff’s underlying condition made the injury worse than it would have been for someone without such a condition.
For example, if a person with a pre-existing knee problem is injured in a slip-and-fall accident, the defendant may still be held responsible for the aggravated injury, even if the knee was already weakened. The defendant is responsible for the full damage caused, regardless of the pre-existing condition.
3. The Burden of Proof
One of the most significant challenges for claimants with pre-existing conditions is the burden of proof. In these cases, the burden shifts to the injured party to demonstrate that the accident or event was the direct cause of the injury, rather than the pre-existing condition.
To succeed in a personal injury claim, you must present clear and convincing evidence showing how the accident worsened the pre-existing condition or led to a new injury. This may include:
- Medical Records: Providing medical records that show the condition prior to the accident and how it was affected by the incident.
- Expert Testimony: Consulting with medical experts who can testify that the accident directly worsened the existing condition. Expert witnesses can help establish causality by explaining how the injury occurred and the medical implications of the pre-existing condition.
- Documenting the Injury: Keeping detailed records of how the injury evolved post-accident, including treatment notes, follow-up appointments, and any new symptoms that arose.
The more thorough and comprehensive the medical documentation, the better the chances of proving that the accident exacerbated or caused a new injury, rather than merely highlighting an existing issue.
4. Insurance Adjusters and Pre-existing Conditions
Insurance companies often use pre-existing conditions to challenge the severity of the plaintiff’s injuries and reduce the amount of compensation offered. Adjusters may argue that the plaintiff’s symptoms were part of the pre-existing condition, which could lead to a lower settlement or offer to settle the case for less.
However, it is important to note that the presence of a pre-existing condition doesn’t automatically prevent the claimant from receiving compensation. Insurance companies are required to compensate the injured party for the harm that can be directly attributed to the accident, not for the conditions that existed before.
For example, if a person had a previous shoulder injury, but the current accident caused a torn rotator cuff, the insurance company should still be liable for compensating the torn rotator cuff injury. They may attempt to reduce the payout by arguing that the pre-existing condition made the injury worse, but they cannot deny compensation for the specific harm caused by the accident.
5. The Importance of Seeking Legal Advice
Navigating personal injury claims with pre-existing conditions can be challenging, which is why seeking the help of an experienced personal injury attorney is crucial. A lawyer can help:
- Gather Evidence: Collect the necessary medical records, statements from doctors, and expert testimony to establish a clear connection between the injury and the accident.
- Negotiate with Insurance Companies: Insurance adjusters may attempt to take advantage of the complexity of the case, but an attorney can negotiate on your behalf to ensure that you receive fair compensation.
- Represent You in Court: If a settlement cannot be reached, an attorney can represent you in court, presenting evidence that shows how the accident aggravated your pre-existing condition.
By working with a legal professional, you can navigate the complexities of proving causality and ensuring you receive compensation for the harm you have suffered.
6. Conclusion
Pre-existing conditions can undoubtedly complicate personal injury claims, but they do not preclude individuals from seeking compensation for their injuries. Through the “take your victim as you find them” rule, the law acknowledges that an injury can be worsened by an accident, even when pre-existing conditions are involved. However, the plaintiff must provide clear evidence linking the accident to the new injury or the exacerbation of the pre-existing condition.
By understanding the challenges involved, gathering the necessary evidence, and seeking professional legal advice, individuals with pre-existing conditions can still receive the compensation they deserve for their injuries. Whether through negotiation with insurance companies or litigation, victims of personal injuries involving pre-existing conditions have the right to seek justice and compensation for the harm they have endured.
