Pre-Existing Medical Conditions and Personal Injury Claims
Feb. 7, 2023
If you have been injured due to someone else’s negligence, you may be thinking of filing a personal injury claim. Before filing, it is important to understand how pre-existing medical conditions affect such claims as they can significantly reduce the compensation amount awarded.
As a personal injury attorney at Maran & Maran PC, I understand how to overcome the challenges that may arise when seeking compensation for injuries caused by someone else’s negligent conduct when you have a pre-existing medical condition. From my office in Newark, New Jersey, I represent injured victims throughout Northern New Jersey, including Mercer County, Sussex County, Warren County, Hudson County, Essex County, Middlesex County, Morris County, Bergen County, Passaic County, Hunterdon County, Somerset County, and Monmouth County.
What Are Pre-Existing Medical Conditions?
A pre-existing medical condition is any illness, injury, or condition an individual was already suffering from prior to the incident that caused the personal injury. This could include diseases such as diabetes, cancer, heart disease, or even an old sports injury that has not yet healed. Any medical condition that existed before the accident or incident is considered a pre-existing condition.
If you have a pre-existing medical condition, consult with an experienced attorney who understands the complexities surrounding these cases. Your attorney will help ensure that your rights are protected throughout the process and that you receive just compensation for your losses.
How Do They Affect a Personal Injury Claim?
When filing a personal injury claim, it is essential to consider any pre-existing medical conditions that might have been aggravated by the accident. For example, if someone who had pre-existing back pain was involved in a car accident and their back pain was exacerbated by the collision, then their pre-existing condition will be taken into consideration when determining damages for their case. However, if their pre-existing conditions were not aggravated by the accident, then those conditions will not be taken into account during settlement negotiations.
It is also important to note that when filing for damages after an accident involving a pre-existing condition, you must present evidence demonstrating how your current injuries differ from those that existed prior to the accident.
This means providing detailed records from previous doctors and specialists which can prove that your current injuries were caused directly by the incident and not simply an exacerbation of what existed before. It should also be noted that any payments received for pre-existing conditions cannot be used towards compensation for new injuries sustained in an accident as these are separate matters altogether.
Who Is an “Eggshell Plaintiff”?
An eggshell plaintiff refers to an individual who has a pre-existing medical condition that makes them particularly vulnerable to harm from an accident. These plaintiffs are called “eggshells” because they are more fragile than other plaintiffs. In other words, if a person with a pre-existing medical condition is injured in an accident, their damages may be greater than for someone without any pre-existing medical conditions. The defendant in the case can still be held liable for these damages even though they were not aware of the plaintiff’s existing condition before the incident occurred.
It is important to understand how pre-existing conditions can affect your case so that you can prepare accordingly when filing for damages and ensure maximum recovery for your situation. If you have a pre-existing condition and are considering filing a personal injury claim, discuss your unique situation with an attorney so that they can determine how best to proceed with your case.
Get the Support of a Personal Injury Attorney
Pre-existing medical conditions can have a major impact on personal injury claims as they can reduce the amount of compensation awarded and complicate settlement negotiations. For this reason, you may need the assistance and support of an experienced personal injury attorney before filing a claim with a pre-existing medical condition. At Maran & Maran PC, I can assist you with your claim and protect your right to fair compensation. Call today for a free consultation.