Understanding Pre-Existing Conditions in Car Accident Claims
Navigating Legal Waters with Pre-Existing Conditions
Accidents are unpredictable, and their aftermath can be significantly more complex when pre-existing conditions are involved. At Avard Law Offices in Cape Coral, Florida, we frequently encounter clients concerned about how their existing medical conditions might affect their car accident claims. This concern is valid, as pre-existing conditions can both complicate and impact the outcome of a claim. In this blog post, we aim to shed light on this intricate aspect of personal injury law.
What is a Pre-Existing Condition?
A pre-existing condition is any medical condition that an individual had before the accident occurred. This could range from chronic back pain to previous injuries from another incident. The key aspect is that the condition existed prior to the recent car accident.
The Impact on Your Car Accident Claim
The presence of a pre-existing condition does not disqualify you from seeking compensation after an accident. However, it can influence the nature of your claim. Insurance companies often scrutinize these claims more closely, sometimes arguing that the injuries claimed are not due to the accident but are rather the result of pre-existing conditions.
The Eggshell Plaintiff Doctrine
The legal system acknowledges the complexity that pre-existing conditions bring to personal injury cases through the Eggshell Plaintiff Doctrine. This principle asserts that a defendant cannot escape liability just because the plaintiff was more susceptible to injury due to a pre-existing condition. In other words, the at-fault party takes the victim as they find them.
Proving the Aggravation of Pre-Existing Conditions
The challenge lies in proving that the accident aggravated your pre-existing condition. This requires clear medical evidence demonstrating a worsening of the condition directly attributable to the accident. Medical records both before and after the accident become crucial in establishing this link.
Tips for Handling Claims with Pre-Existing Conditions
- Full Disclosure: Be upfront with your attorney about any pre-existing conditions. This transparency allows us to build a stronger case by anticipating and countering arguments the insurance company might make.
- Consistent Medical Treatment: Continue your regular medical treatments and follow your doctor’s advice. Any gaps or inconsistencies in treatment can be used against you.
- Detailed Medical Records: Keep comprehensive records of your medical treatments, including those related to your pre-existing condition. These records are vital in illustrating the impact of the accident on your overall health.
- Expert Medical Opinion: Sometimes, it’s beneficial to have a medical expert testify about how the accident exacerbated your pre-existing condition. Their professional opinion can add significant weight to your claim.
- Legal Representation: An experienced attorney can navigate the complexities of claims involving pre-existing conditions. They know how to present your case in a way that clearly demonstrates the accident’s impact on your health.
Why Choose Avard Law Offices?
At Avard Law Offices, we understand the nuances of personal injury cases, especially those involving pre-existing conditions. Our experienced team is adept at handling the tactics insurance companies use to minimize compensation. We are committed to ensuring our clients receive fair treatment and the compensation they deserve.
The Bottom Line
Having a pre-existing condition does not mean you should shy away from filing a claim for an accident that was not your fault. However, it does mean that your case might require a more nuanced approach. At Avard Law Offices, we are equipped with the knowledge and experience to help clients navigate these complex situations. Remember, your right to fair compensation should not be diminished because of your medical history.