- The "Eggshell Plaintiff" Doctrine
- Compensation You May Be Entitled To
When you’re injured in a car accident, pre-existing medical conditions can complicate your personal injury claim. While insurance companies often try to use pre-existing conditions to minimize payouts, understanding how these factors play a role in your case can help you protect your rights and secure the compensation you deserve.
What Are Pre-Existing Conditions?
Pre-existing medical conditions are any injuries, illnesses, or health issues you had before the car accident occurred. These can range from chronic illnesses, like arthritis or diabetes, to prior injuries, such as a herniated disc or a previously fractured bone. While these conditions existed before the crash, they can be aggravated or worsened by the accident, creating new challenges in personal injury claims.
How Insurance Companies Use Pre-Existing Conditions
Insurance companies frequently attempt to use pre-existing conditions against car accident victims to reduce or deny claims. They may argue that your injuries were unrelated to the accident or were caused solely by your pre-existing condition. This tactic is designed to shift liability away from the at-fault party and minimize their financial responsibility.
For example:
- If you had a previous back injury, the insurer might claim that your current pain is due to that prior condition rather than the accident.
- If you were being treated for a chronic illness, they may argue that your recovery time is unrelated to the crash.
While these arguments can complicate your case, you still have the right to pursue compensation for the new harm caused by the accident.
The “Eggshell Plaintiff” Doctrine
The eggshell plaintiff doctrine is a legal principle that protects car accident victims with pre-existing conditions. It states that the at-fault party is fully responsible for any injuries they cause, even if the victim was more vulnerable to injury due to a pre-existing condition. In other words, the negligent party cannot avoid liability just because you were more prone to injury.
For example, if you had a pre-existing back injury that was aggravated by the car accident, the at-fault party is still responsible for the additional harm their actions caused.
Proving Your Case When You Have Pre-Existing Conditions
To successfully claim compensation when pre-existing conditions are involved, it’s crucial to present clear evidence that the car accident worsened your condition. Here’s how to strengthen your case:
1. Provide Comprehensive Medical Records
Medical records that detail your condition both before and after the accident are essential. They help establish how the crash aggravated your pre-existing injuries.
2. Obtain Expert Testimony
Doctors or medical specialists can provide expert opinions on how the accident caused or worsened your condition. Their testimony can be critical in proving your case.
3. Document Your Recovery
Keep detailed records of your symptoms, treatment, and limitations caused by the accident. This information demonstrates the impact of the crash on your daily life and overall health.
4. Avoid Gaps in Treatment
Insurance companies may argue that delays in treatment indicate your injuries were not serious or were unrelated to the accident. Following your doctor’s recommendations and attending all appointments strengthens your claim.
Compensation You May Be Entitled To
Even with pre-existing conditions, you can seek compensation for damages caused or aggravated by the accident, including:
- Medical Expenses: Covers costs for new treatments, therapies, or surgeries resulting from the accident.
- Lost Wages: Compensates for income lost due to recovery or reduced ability to work.
- Pain and Suffering: Accounts for physical pain, emotional distress, and reduced quality of life caused by the crash.
An experienced attorney can ensure you receive fair compensation by highlighting how the accident specifically impacted your health and financial well-being.
Why Legal Representation Is Critical
Dealing with pre-existing conditions in a car accident claim can be complex, especially when insurance companies try to exploit these factors to deny your claim. A personal injury lawyer is essential to:
- Counter insurance companies’ arguments with strong evidence and expert opinions.
- Prove the extent to which the accident aggravated your condition.
- Negotiate for fair compensation that reflects the true impact of the crash.
How 770GoodLaw Can Help
At 770GoodLaw, we have extensive experience handling car accident cases involving pre-existing medical conditions. We understand the challenges these cases present and work tirelessly to ensure that you’re treated fairly. Our team will gather the evidence, consult with medical experts, and fight back against insurance company tactics to secure the compensation you deserve.
If you’ve been injured in a car accident and have pre-existing conditions, don’t navigate the process alone. Contact 770GoodLaw today for a free consultation and let us help you protect your rights.
