The Impact of Pre-existing Conditions on Your Personal Injury Claim

A personal injury case can be daunting, especially if the injuries are intense and worse than they were thought to be. However, there are instances where things get worse because there was another underlying medical or physical concern even before the accident occurred. Therefore, you should be keen to understand how a pre-existing condition affects your injury case. 

Initial medical conditions can worsen or be complicated after an accident or it can introduce a different ailment all together. Navigating an injury claim in itself is challenging and it becomes a nuance with the inclusion of an existing medical condition. In the event you have medical history that may affect your claim, you need to contact BigBen Lawyers to get in touch with a qualified personal injury attorney and get justice.  

Understanding Pre-existing Conditions 

A pre-existing condition refers to ailments or injuries that you had previously before an accident and you had already received treatment or you are still on medication. They can be chronic or long-term diseases. The key objective of identifying such ailments is to determine whether the current injury is linked to the unfortunate incident or to the initial health problem. 

An initial health condition should not be the reason you do not receive fair and just compensation. You will need the help of experts not just in the law field but also in the medical field to help your case. The compensation amount as well as the overall ruling of a case can be influenced by the impact of the initial injury on possible damages. 

How Claim Adjusters Factor in Pre-existing Conditions when Evaluating Injury Claims

Pre-existing Conditions on Your Personal Injury Claim – Claim adjusters are practically the centerpiece of an insurance company because they are responsible for investigating an insurance claim. It is through this that they determine the value of the claim or even whether they should pay anything at all. Considering that their objective is to pay out as little as possible, if necessary, initial health conditions give adjusters plenty of ammunition to fight back any claim.  They will thoroughly assess medical records to identify the possibility of such conditions because they significantly impact the claim’s assessment. 

Medical record examinations 

Adjusters consider these records to help them determine whether the injuries and symptoms are consistent with the initial health concerns or if the injuries are aggravated by the accident in question. Keep in mind that it is standard procedure for adjusters to comprehensively review a claimant’s medical history. They will look at the initial medical concerns, their treatment if any, as well as the claimant’s state before and after the unfortunate incident before paying out any settlement. Here, you are guaranteed a review of both your medical history as well as the current medical report to create a connection.  

Comparative negligence 

Based on the comparative negligence principle, insurance companies will argue for reduced liability if they can prove that your initial condition played a major role in causing the accident. This is because they will argue that the accident occurred due to negligence on your end. 

Causation assessment 

Causation is a critical aspect to consider before settling a victim. The insurance company will look at whether the claimant’s current injury has a direct link to the accident or if it arises from the initial health condition. Their key objective is to look for evidence that will eliminate the impact of the accident on the victim’s health. If they can prove that the accident had very little or nothing to do with the injuries, then they will not pay or in turn, pay the very minimum. 

Expert opinions 

Claim adjusters may have an opinion related to insurance and claims but they definitely need to work with experts in the medical field to evaluate medical as well as physical conditions. Expert opinions help them to gain insight into possible initial health concerns as well as if they have a significant relation to the claim provided. If the doctors and medical experts provide an opinion that collaborates that of the insurance company, then a victim’s claim will be influenced negatively. 

Impact on settlement amount 

The overall settlement amount is highly dependent on any initial health concerns when detected. If the adjuster can determine that the victim’s injuries are greatly as a result of his or her initial health concerns, they are likely to propose a lower settlement offer. 

Legal considerations 

The Thin Skull Rule/ The Eggshell Skull Rule  

The Eggshell Rule refers to a legal principle applicable in personal injury law. This rule serves to ensure that defendants are liable for injuries that are sustained by victims even in the event their pre-existing conditions contributed to making their injuries more susceptible. This rule is based on the concept that a defendant must accept the cost related to their negligent actions. The rule applies not only to car accidents but also other cases of negligence including medical malpractice. 

Statute of Limitation for Filing a Personal Injury Claim in California 

In California, the Statute of Limitations for personal injury claims is about 2years starting the count from the date of the unfortunate incident. Forsaking this statute of limitations means that you lose your right to file your case and in turn seek compensation.  

Pre-existing Conditions on Your Personal Injury Claim – Practical Advice 

• NEVER try to hide any previous health conditions when asked or consulted about. This prevents worsening your case because it raises the aspect of doubt. As a matter of fact, it is recommended that you inform your lawyer about any health concerns immediately you declare your intention to claim. 
• ALWAYS consult with a qualified attorney in the field to help assess and prepare your claim 
• Immediately consult an attorney without delay so that the medical reports can be timely obtained 

Frequently Asked Questions (FAQs) 

Q: What roles will an attorney play to help me to seek justice?

A: It is important to allow an attorney help you in your case. While you are looking for justice, this is a broad term that entails the following concepts. These steps include: 

• Presenting a compelling case to the insurance company 
• He or she will manage communication with the at-fault party 
• Investigating the occurrence and in turn gather evidence to win your case 
• Calculating the possible compensation range 
• Preparing a lawsuit where necessary 
• Handle the claim on your behalf. 

Q: What kind of compensation can I pursue after my accident despite an underlying preexisting condition?

A: Normally, personal injury cases will be settled fast with a negotiated settlement. However, there are instances when a lawsuit or trial is a better alternative especially in cases where your injuries have a relation with any pre-existing conditions. During your claim, you can pursue compensation for the following: 

• Non-economic damages including pain and suffering 
• Medical costs arising from worsening of the condition in question 
• Economic damages such current and future lost wages as well as medical bills 
• Property damages e.g. car crash repair  
• In the event you cannot return to work, then you can pursue diminished earning capacity. 

Q: In what circumstances does the Thin Skull Rule apply in California?

A: This rule applies in circumstances such as: 

• The injuries incurred by the victim are uncommon or unforeseeable
• The victim in question is rather old (age wise) or he or she has an initial injury 
• The injuries sustained are considered severe 

Q: What are some examples where the eggshell skull rule may apply so I can analyze my case?

A: There are a number of situations where this rule applies. A clear example is a situation such as an accident (motorcycle or car accident) whereby the victim has osteogenesis imperfecta (a condition where an individual has brittle bone syndrome). This will also apply to individuals with Osteoporosis whereby they have weak bones. Such conditions make them fragile and compared to an average person; these victims are bound to suffer more and severe injuries. By applying the Eggshell Rule, the at-fault party remains responsible to the injuries extensively.  

Q: What are some common pre-existing ailments highly considered in personal injury cases?

A:  The most common health concerns in such cases that both claim adjusters and insurance companies look at include: 

• Herniated discs 
• Heart diseases
• Diabetes 
• Knee pains 
• Chronic back pains 
• Previous fractures 
• Arthritis 
• Mental and/or emotional concerns (anxiety, PTSD, and depression) 

Claim adjusters will look at the above possible ailments and take advantage of the situation to lower your compensation.  

Conclusion 

Pre-existing Conditions on Your Personal Injury Claim – You are likely to face challenges during your personal injury claim because of a pre-existing health condition. It is therefore important to seek professional help from a BigBen attorney so you stand a better chance of winning your case while at the same time receiving a fair and just compensation. Allow a professional to assess your case and in turn pursue the compensation you deserve. 

References

Robert Ferrari and Lewis Klar. (2014). European Journal of Rheumatology – On Matters of Causation in Personal Injury Cases: Considerations in Forensic Examination. https://pmc.ncbi.nlm.nih.gov/articles/PMC5042245/   

Steven M. Sweat. (2016). California Accident Attorneys Blog – California Injury Verdict: Eggshell Plaintiff Receives $2.8M. https://www.californiaaccidentattorneysblog.com/california-injury-verdict-eggshell-plaintiff-receives-2-8m/