When you’ve suffered an injury due to someone else’s negligence, the last thing you want to worry about is whether or not your prior injuries will affect your ability to file a personal injury claim. If you have a pre-existing injury or condition, you may wonder how it impacts your case. The good news is that you can still file a personal injury claim, even if you have a pre-existing injury. However, there are some important factors to understand about how pre-existing conditions may affect your claim.
What Is a Pre-Existing Injury?
A pre-existing injury is any medical condition or injury you had before the accident or event in question. This could include anything from a past car accident injury, surgery, or even chronic conditions like arthritis or back pain. While these injuries or conditions are not caused by the new accident, they may be impacted or aggravated by it.
Can You File a Claim for a Pre-Existing Injury?
Yes, you can file a personal injury claim even if you have a pre-existing injury. However, there are important nuances to consider when making this kind of claim. In general, you are still entitled to compensation for the new injury or any aggravation of your pre-existing condition that results from the accident.
The key is proving that the accident or incident worsened your condition or caused additional harm. In legal terms, this is known as the “Eggshell Plaintiff” rule, which states that the defendant is liable for the full extent of a plaintiff’s injuries, even if they were more severe than expected due to a pre-existing condition. For example, if you already had a bad back and a minor car accident aggravated it, the at-fault party could still be responsible for compensating you for the full extent of the pain and medical expenses—even if your back was already weakened.
How Does a Pre-Existing Injury Affect Your Case?
While you can still file a claim, the existence of a pre-existing injury may complicate the process. Here are some factors to consider:
1. Proving Aggravation of the Injury
One of the most significant hurdles in a personal injury case involving a pre-existing injury is proving that the recent accident made your condition worse. If the injury was only aggravated, you may need to show that the accident directly caused additional harm. Medical records and expert testimony from a doctor or specialist can be crucial in proving this link.
2. Insurance Companies May Challenge Your Claim
Insurance companies may argue that your current symptoms are a result of the pre-existing injury rather than the recent accident. In these cases, they might attempt to downplay the impact of the accident, offering you a lower settlement. This is why it’s important to have strong medical evidence that clearly shows how the accident worsened your condition.
3. Medical Records Are Crucial
To establish that your pre-existing condition was aggravated by the accident, you’ll need detailed medical records. These records will show the severity of your pre-existing injury and help establish a baseline of your health before the accident. Then, your doctor can demonstrate how the accident led to further injury or complications. Having comprehensive documentation is key to proving the relationship between the new injury and the pre-existing condition.
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If you’ve been injured in an accident and have concerns about how a pre-existing injury might affect your claim, give us a call today for a free consultation. We’ll review your case, help you understand your options, and fight for your right to fair compensation. Don’t wait—contact Go Jeff Law at 310-899-9529 to get the legal support you need!
