Do My Pre-Existing Conditions Affect Personal Injury Cases?

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Are you injured and suffer from a pre-existing condition like degenerative discs or heart disease?
You are here because you plan on filing for compensation. And you wonder if the pre-existing condition will affect your personal injury claim.
This is a topic that constantly arises with personal injury claims because it’s not just you. Most people suffer from some health problem or the other.
And whether or not you are entitled to receive compensation if you get injured depends on a few factors.
The main criterion is if the accident affected and aggravated the pre-existing condition. If yes, you can receive compensation for physical injuries and ailments and mental health conditions like anxiety and depression.
The at-fault party will work at determining the severity of your pre-existing conduct before and after the accident. They will ask you questions to learn more about your past injuries and health conditions.

Give the Right Answers

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Answering the questions truly with the right and exact information can help your claim proceedings.
The main thing to remember is not to give up.
Just because you have a pre-existing condition doesn’t mean you should hesitate from pursuing compensation for your injuries. It’s easier to prove your condition if you have proof of receiving regular medical treatment.
However, it isn’t easy proving to have pre-existing conditions if you haven’t consulted a doctor in 10 years.

Complete Medical Records Give You an Advantage

Remember, insurance companies work at paying out minimal settlement amounts. They will search through your medical history to find evidence proving the accident had minimal effects on your health.
Your compensation amount depends on how you prove the condition’s severity and its consequences on your life before the accident.
You are at an advantage if you have detailed and complete medical records about the condition.
This is where an experienced Burbank personal injury lawyer can help you.
They will go through your complete medical history and pre-existing conditions, and your accident to help you win your compensation.

No Holding Anything Back

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Your success with the claim mainly depends on how well you reveal your details.
Do not hold anything back while discussing your case with your attorney. Tell them everything, including if there’s information you feel may complicate the claim.
Your personal injury attorney has the expertise to decide how to deal with such information.
It’s better than not revealing this vital information because not disclosing these pre-existing conditions will:

  • Damage your credibility
  • Jeopardize your claim
  • Lead to legal action if your defense learns about this omission.

The Eggshell Skull Rule

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The eggshell skull rule is an important concept applicable to pre-existing conditions in personal injury cases. It states that the injury victim’s relative frailty isn’t a valid defense against a claim.
The rule is based on a fictitious case where a person injures someone else. The person, however, didn’t know that the victim’s skull was as thin as an eggshell.
So any injury to such a skull can leave the person extremely susceptible to injury.
Based on this rule, the defendant is liable for damages stemming from their wrongful actions. They are responsible even if they weren’t aware of the victim’s condition and if the condition aggravated the injury.
In short, this rule proves that there’s hope in receiving compensation, even if you had a pre-existing condition.
So don’t waste time if someone else’s negligent actions injured you or your loved one.
Instead, spend the time looking for and consulting an expert personal injury attorney in Burbank.
You don’t even have to worry about paying them their fees. Most lawyers work on a contingency basis which means you pay them from the compensation money you receive.
You pay them only if they win the case, and compensation amount, for you.

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