How Do Pre-existing Injuries Affect a Car Accident Case?
The stats by the Tennessee state government shows that there were over 3700 crashes in 2021 throughout different counties. A few victims might have pre-existing injuries and wonder how it will affect their car accident case.
While there might be a few complications, you will receive complete compensation for your personal injury claim. One thing that you shouldn’t do is hide your injuries since it can have a detrimental impact on your case. It hinders your chances of getting compensation for your accident.
It is essential to discuss with an attorney regarding your previous medical conditions or injuries before filing a personal injury claim. Let’s understand the impact of your current injuries or conditions on your car accident case.
What Is a Pre-Existing Condition or Injury?
Any condition or injury you had before your car accident case is referred to an as pre-existing injury. These injuries or medical conditions will play a critical role in your car accident claims. Here are some common pre-existing medical conditions:
- Asthma and Arthritis
- Back Injuries
- Congenital Conditions
- Herniated Discs
- Leg or Knee Injuries
- Neck and Shoulder Injuries
If you suffer from any of the above or other previous medical conditions, you shouldn’t be discouraged from getting compensation for your damages. It strengthens your case since you have the medical documents to show all your previous medical conditions or injuries.
You can prove that the injuries you sustained from the accident are different, and you deserve compensation. It is better to keep a proper record of all the medical documents, such as prescriptions, reports, etc., for your car accident claim.
How Do Previous Medical Conditions Affect Your Personal Injury Claim?
Before filing a personal injury claim, you need to note that you won’t receive any money for injuries or conditions you suffered before the accident. But, there is a chance that the at-fault party’s negligence has worsened your pre-existing injury or medical condition.
In such cases, the other party might be responsible and would be financially liable for these conditions. However, this rule might not be as simple as it sounds. It is a complicated and complex process to prove causation in specific cases. Therefore, it can become difficult to calculate the compensation for the damages.
Should You Disclose Your Pre-Existing Injuries?
Most believe disclosing their pre-existing injuries will allow insurers to reduce or deny compensation. That is not true, and it is vital to tell your attorney about everything that can impact your conditions.
You will be putting your case in jeopardy if you don’t tell your attorney about your pre-existing injuries, and the defense gets their hands on this information. It can lead to case dismissal and put you in trouble.
The Eggshell Skull rule
The eggshell skull rule is a critical element when it comes to pre-existing conditions in a car accident claim. The rule prohibits the defense from making an argument that your conditions will make them vulnerable to predisposed to severe injuries. This way, they can’t use your conditions or injuries to escape compensation.
Insurers tend to use pre-existing conditions or injuries to blame the plaintiff. They use these tactics to reduce compensation for your injuries caused by an accident. Under the eggshell skull rule, you will receive compensation for your injuries by providing relevant evidence to the court.
Contact an Attorney for Your Car Accident Case with a Pre-existing Condition
Various technicalities and complexities are surrounding a car accident case where you have pre-existing medical conditions. So, it is best to get legal representation for the claim so they can help you with your claim.
