As a victim of a personal injury, you should go after the person or entity that caused this ordeal — the pain, the lifestyle changes, the medical visits, and, let’s not forget, the lost wages.
Your case will depend on the evidence you present; the more severe the injuries, the higher the money you get, right?
But what if you had other medical conditions before the accident? Maybe you were living with arthritis, a condition that the personal injury incident has since aggravated. How will this factor into your personal injury lawsuit?
Today’s blog will analyze pre-existing conditions as they apply to personal injury cases. By reading, you will know whether you can recover damages for these injuries. Read on below.
How Pre-Existing Conditions Affect Personal Injury Cases
Imagine the ordinary American citizen working at your average 9-to-5 white-collar job. Unfortunately, our subject develops chronic back pain due to prolonged sitting and poor posture over years of work. Then, one day, they get involved in a car crash on their way from work, an incident that worsens this condition.
The question is, can this person seek compensation on the grounds of elevated pain after the crash? Yes, they can. But it’s not that simple.
“The “eggshell plaintiff” or “thin skull” principle of personal injury explains how things unfold in such situations. Without getting into the gory legalese, the doctrine means a defendant takes the plaintiff as they found them. They are at fault for any injuries they cause, even if the plaintiff had pre-existing medical conditions,” says personal injury attorney David Gordon.
At the same time, it is upon you to prove that:
- You had a pre-existing medical condition
- The personal injury incident made it worse
- You suffered actual damages as a result
And to demonstrate all three, you need evidence and a good personal injury attorney by your side. If the accident severely aggravated your condition, you are potentially entitled to more compensation.
A reliable personal injury lawyer will advise the best strategies to win the claim. Everyone will have their roles — they will help collect, analyze, and present evidence. You, on the other hand, must give them factual information to go with. You must document the scope of the pain and how it affects your day-to-day life.
However, proving pre-existing medical conditions that were made worse by personal injury is more complex than you might think.
So much so that your lawyer may enlist the services of another professional to help — expert witnesses. Just as the name implies, they are experts in a specialized field that puts them in a good position to explain how severe your injuries are and how they will affect your life now and in the future.
Their help doesn’t come for free, though. Most are compensated on an hourly basis, and they aren’t cheap. Fortunately, your attorney’s firm will pay them upfront and cover all other legal fees, provided you agree to a contingency fee structure.
Conclusion
So, yes, you can seek compensation for existing medical conditions that personal injury made worse. However, it is wise to consult a reputable Memphis personal injury attorney to negotiate an adequate settlement. They will build a strong case and hire expert witnesses to solidify your claim. Provided you work on a contingency-based payment plan, you don’t have to worry about the costs.
