If you have existing health issues and are injured in an accident, you may be considered an “eggshell plaintiff.” This legal term acknowledges that your pre-existing conditions made you more vulnerable to injury, even if these conditions were previously inactive or symptom-free. Essentially, the accident could have “cracked the eggshell,” resulting in more serious or ongoing health problems.
How Pre-Existing Conditions Impact Compensation
In personal injury cases involving pre-existing conditions, the court must assess how much the accident contributed to worsening or causing additional harm. If it’s determined that the accident caused or exacerbated the injuries, the plaintiff may receive compensation for medical expenses, lost wages, reduced earning potential, pain and suffering, and disability. However, if the pre-existing conditions are deemed the main cause of the injuries, the compensation may be reduced.
Proving Your Case for Causation
Demonstrating that an accident caused or worsened pre-existing conditions can be difficult but is achievable. Essential evidence includes medical records from before and after the accident, testimonies from expert witnesses, and documentation of the symptoms and their intensity. You may also need to undergo an independent medical examination (IME) to assess the link between your pre-existing conditions and the injuries caused by the accident.
The Influence of Comparative Fault
In some states, comparative fault laws may apply in personal injury cases, meaning the plaintiff’s compensation can be decreased if they were partly responsible for their injuries. If your pre-existing health issues contributed to the injuries, the defendant might argue that you share some fault, leading to a reduction in your compensation. It’s important to have a knowledgeable attorney to counter these defenses effectively.
Getting Assistance from a Personal Injury Lawyer
Handling the complexities of personal injury claims, especially when pre-existing health conditions are involved, can be daunting while you’re dealing with recovery. A skilled personal injury lawyer can help you understand your rights, gather and present evidence, negotiate with insurance companies, or take your case to court if necessary. This allows you to focus on healing while your lawyer manages the legal details.
Injured with Pre-existing Health Conditions? Contact Kaiman & Crahan Attorneys.
If you have pre-existing health conditions and were injured in an accident, it’s vital to seek legal counsel to safeguard your rights and maximize your compensation. An experienced personal injury lawyer can assist with proving causation and handling negotiations or litigation. Although pre-existing conditions can complicate your case, they don’t disqualify you from receiving damages for injuries related to the accident. With professional legal assistance, you can secure the compensation you deserve and move forward.