When individuals with pre-existing medical conditions are involved in vehicle accidents, filing an injury claim can become significantly more complex. Insurance companies often attempt to use these conditions to their advantage, arguing that the injuries were not a result of the accident but rather a continuation or worsening of an existing issue. This common tactic can make it challenging to achieve fair accident claim settlements. Understanding the potential impact of pre-existing conditions on a vehicle accident injury claim and employing strategic legal guidance can make a significant difference in achieving a fair settlement.
How Pre-Existing Conditions Affect Injury Claims
Pre-existing conditions are prior injuries, health issues, or physical impairments that existed before the accident. Common examples include chronic back pain, joint injuries, and degenerative diseases. When an accident exacerbates these conditions, separating the newly aggravated symptoms from the original health issues can be difficult, creating a gray area in determining the extent of damages.
Insurance companies scrutinize these cases more closely. They may argue that some or all injuries were present before the accident, therefore attempting to reduce or deny compensation. This approach is known as the “eggshell plaintiff” defense, where the insurer claims that a more “fragile” individual should not be entitled to the same level of compensation as a healthier one. While this defense is intended to reduce liability, the injured party is still entitled to fair compensation if their pre-existing condition was aggravated by the accident.
Legal Strategies to Ensure Fair Compensation
In cases involving pre-existing conditions, a strategic legal approach is essential. Car accident attorneys use several methods to build a robust case.
Medical Documentation
Detailed medical records are crucial for distinguishing between the pre-existing condition and any new injuries caused by the accident. A comprehensive history of medical visits, treatments, and doctor evaluations provides evidence of the condition’s prior state, making it easier to prove that the accident worsened it. Car accident attorneys work with medical experts to demonstrate how the injury developed after the accident, which can clarify which damages are directly linked to the incident.
Testimonies from Medical Experts
Expert medical testimony can be invaluable. A physician or specialist can explain how the accident specifically impacted the existing condition, showing how the new symptoms are not a continuation but rather an aggravation of the condition. This testimony can carry substantial weight with insurance adjusters and, if needed, in court.
Documenting Pain and Suffering
Physical pain and emotional distress are essential factors in calculating accident claim settlements. With pre-existing conditions, this is especially critical, as the worsening of an old injury often leads to increased discomfort and limitations in daily life. By tracking these effects and presenting them alongside medical records, attorneys strengthen the claim’s basis.
Leveraging Legal Precedents
Previous case rulings can be beneficial for those with pre-existing conditions. Courts have often ruled that a defendant is still liable for worsening a condition, even if the victim was more susceptible to injury than others. Car accident attorneys can leverage these legal precedents to argue for fair compensation, illustrating that the responsible party’s actions exacerbated the injury, thereby entitling the claimant to damages.
If you’ve been injured in a vehicle accident and are facing difficulties due to a pre-existing condition, seeking skilled car accident attorneys is essential. At Marquez Law Office, we specialize in vehicle accident injury claims, ensuring that your rights are protected and that you receive a fair accident claim settlement in Chico, CA.
Contact us to discuss your case and take the first step toward securing the compensation you deserve.
