Your Injury Claim and Preexisting Conditions: Navigating the Problem
| August 26th, 2024
If you’re hurt in a personal injury accident and already have health issues, they won’t reduce the compensation you can claim. A legal concept called the eggshell plaintiff doctrine says that the responsible party must cover all resulting damages if your health issues worsen because of the accident.
The law ensures you’re compensated fully, even if your prior health worsens the injuries. However, navigating injury claims with preexisting conditions can be complex and fraught with challenges.
Understanding the doctrine and how to document your injuries can impact the success of your claim.
Understanding the Eggshell Rule
The eggshell plaintiff doctrine, often called the eggshell rule, is based on the idea that some people might be more fragile due to preexisting conditions, much like an eggshell. If someone with this kind of vulnerability is involved in an accident, the responsible party must compensate for all injuries caused.
This applies even if the injuries are more severe than expected in someone without such conditions. For example, someone with a genetic bone weakness is in a minor car crash and ends up with a broken leg. The at-fault driver is responsible for the full treatment of the broken leg despite the victim’s preexisting condition.
The eggshell doctrine ensures that individuals are not unfairly denied compensation because they are already vulnerable.
Challenges Claimants Face
If you have preexisting conditions, proving that the accident, and not your existing health issues, caused your current suffering poses a major challenge. Insurers frequently focus on these conditions to reduce or deny claims, arguing that the injuries were preexisting rather than caused by the accident.
This strategy requires you to present clear, compelling evidence that separates the effects of the accident from your preexisting conditions. You may also face delays and need expert medical testimony, which adds complexity and increases the cost of your claim.
Documenting the Impact of the Accident
To strengthen your injury claim, you’ll need to document how the accident specifically worsened your preexisting condition. Our California personal injury lawyers at Berg Injury Lawyers can help you with the following:
- Gather Medical Records: Our lawyers will help you obtain detailed medical records that chronicle your health status before the accident, encompassing all diagnoses and treatments.
- Secure Expert Testimony: We can connect you with medical experts who will provide professional opinions on how the accident affected your existing conditions. Their testimony is vital for establishing a definitive link between the accident and your injuries.
- Maintain Treatment Records: We’ll guide you in keeping meticulous records of all treatments received after the accident. Consistent medical documentation helps demonstrate the severity of your injuries and their direct connection to the incident.
- Keep a Personal Journal: We advise you to maintain a journal detailing your daily symptoms, pain levels, and the overall impact on your life since the accident. This personal documentation can support your claim, offering a clear narrative of your experience.
Other Ways a Lawyer Can Assist With Your Claim
In addition to proving the accident worsened your preexisting condition, you may need to demonstrate liability and negotiate your settlement with the other party’s insurer. Our attorneys can help with your claim in the following ways:
- Prove Liability: We gather evidence to establish the other party’s fault in the accident. This includes collecting accident reports, surveillance footage, and statements from witnesses.
- Negotiate with Insurers: Our experienced lawyers handle all negotiations with the opposing party’s insurance company. We aim to ensure you receive fair compensation that fully covers your immediate and long-term medical needs.
- Legal Strategy: We develop a tailored legal strategy that considers the specifics of your case and your preexisting conditions, boosting your chances of a favorable outcome.
- Representation in Court: If negotiations do not result in a satisfactory settlement, our team is prepared to represent you in court.
- Coordinate Medical Assessments: We can help arrange for further medical evaluations if needed to strengthen your claim and ensure that the full extent of your injuries is documented and understood.
Why You Need Berg Injury Lawyers on Your Side
With decades of experience and a proven track record in personal injury law, Berg Injury Lawyers have the expertise to handle the most complex cases involving preexisting conditions. Our California personal injury attorneys are dedicated to fighting for your rights and helping you receive the compensation you deserve.
Contact us today for a free case review to understand your legal options and get the guidance you need to secure fair compensation for your injury claim.
