The ABCs of Avoiding a Custody Battle

What To Know About Pre-Existing Conditions And Vehicle Accident Claims

by Barry Webb

If you have been in an auto accident, you may find a pre-existing condition worsens. Having a pre-existing condition doesn't exclude you from seeking damages. However, in these case, it can be more difficult to hold the defendant liable for conditions they did not cause. Here is some information on pre-existing conditions and vehicle accident claims.

Eggshell Plaintiff Doctrine

Eggshell plaintiff doctrine, or eggshell skull rule, is a legal term often used for people in injury cases who have conditions that make them prone to injury. It means the defendant takes the plaintiff 'as is', and they are held responsible for the damages regardless if they knew of the condition, because of the plaintiff's weakened state.

For example, a person with an average skull can handle bumping their head slightly on a steering wheel after getting rear-ended in a car accident. A hemophiliac person, who bumps their head on the steering wheel, could suffer significant blood loss. The rule doesn't apply when the plaintiff contributes to their injury.

Asymptomatic Conditions

An asymptomatic conditions present a problem, since the symptoms are not visible. Degenerative disc conditions are common in people over 40, and usually only appear in X-rays, and the insurance company may try to use this defense.

Most states follow the rule that when a defendant aggravates a dormant condition because of negligence, they are responsible for paying full damages. For a symptomatic condition such as asthma or arthritis, in which symptoms are present, the defendant only pays for the new injuries caused by the aggravation. 

The Role of Medical Records in Filing a Pre-Existing Injury Claim

Medical records are essential for proving a pre-existing injury because they are needed for comparisons to previous medical records. Keep these tips in mind:

  • Don't delay seeking medical attention after an accident. Delaying treatment could make the injuries seem less serious to the insurance company.
  • Get a written narrative from your doctor, not the doctor suggested by the defendant's insurance company, to prove your new injuries or symptoms, which makes it harder for an adjuster to deny your claim. If you must see another doctor, tell your health care provider.
  • Disclose all of your symptoms or injuries to the doctor no matter how unrelated to the condition, and request a permanent impairment rating.
  • Don't give an insurance adjuster a statement, or sign a release form of your medical history before you talk to an attorney. Your medical records usually contain injuries or conditions not related to the accident, and the adjuster will try to use these to deny your claim.

You deserve justice after your pre-existing condition has been aggravated by a vehicle accident. If you don't have a personal injury or car accident lawyer, you should consider hiring one. Insurance companies are often difficult to deal with, and a lawyer can get you a fair settlement, or help you with litigation.

To learn more, contact a law firm like Swartz & Swartz P.C.

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