Call Today 315-741-5946

Experienced, Reliable and Responsive Representation

With more than 30 years of trial experience, attorney Terry J. Kirwan provides seasoned counsel and advocacy to individuals and business owners in Upstate New York.

Can a pre-existing condition hurt your personal injury case?

On Behalf of | Sep 23, 2024 | Personal Injury |

A prior medical condition can make the process of seeking a personal injury settlement more complex. Insurance companies might claim that your injuries are not from the accident but are related to your existing health issues. However, this doesn’t mean you can’t be compensated for injuries caused by someone else’s negligence.

When a prior condition is made worse

If an accident makes a pre-existing condition worse, you are still entitled to seek compensation. This is often referred to as the “eggshell plaintiff” rule, which means that the at-fault party is responsible for the injuries caused, even if the injured party’s prior condition made them more vulnerable. The key is proving that the accident worsened your condition, not caused it.

Why medical records are critical

Accurate medical records are one of the most important factors in these cases. They help show the difference between the old condition and any new injuries caused by the accident. Insurance companies often look for ways to deny claims by pointing to the pre-existing issue, but solid medical documentation helps counter these arguments.

Building a strong legal case

A good legal strategy focuses on how the accident has affected your health and life overall. This often involves getting testimony from medical professionals who can explain how the accident worsened your prior condition. It’s also important to demonstrate how the new injury impacts your ability to work or enjoy life.

Understanding how a prior medical condition impacts a personal injury settlement is key to navigating the claims process effectively. Seeking professional legal guidance helps ensure that any aggravation of an existing condition is properly addressed, allowing for fair compensation.

FindLaw Network