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How Do Pre-Existing Conditions Affect a Personal Injury Claim?

Some accident victims mistakenly believe that if they had any pre-existing medical conditions that were impacted by a new accident, they can’t recover compensation. Insurance companies may even try to convince them of this. However, in many cases, the presence of pre-existing conditions does not preclude financial recovery. Most of us are not walking around in perfect health, and you deserve to be fairly compensated for how the accident negatively affected your health. An experienced car accident lawyer can fight to recover the damages you deserve.

What Is a Pre-Existing Condition?

A pre-existing condition refers to any health issue someone had before the accident occurred. This can include any of the following:

  • Chronic conditions like arthritis, osteoporosis, or diabetes
  • Previous injuries, such as from car accidents, workplace accidents, or sports injuries
  • Psychological injuries, such as post-traumatic stress disorder (PTSD)
  • Ongoing medical treatments

While these pre-existing conditions can complicate the process of securing fair compensation for a new injury, they don’t preclude it.

The Eggshell Plaintiff Doctrine and What It Means for Your Personal Injury Case

The eggshell plaintiff doctrine involves a hypothetical plaintiff who has a skull as thin as an eggshell. Under this legal doctrine, such a person would still have the right to pursue compensation for accident-related injuries, even though they are more susceptible to being injured due to their condition.

Likewise, just because you might have a pre-existing condition that makes you more vulnerable to injury, the defendant must take you as they find you. They don’t escape liability just because their negligence injured someone who had a previous injury or health condition. The defendant is responsible for compensating you for any new injuries or worsening of your pre-existing injuries you sustain due to the accident.

Proving Causation in Personal Injury Cases Involving Pre-Existing Conditions

A complicating factor involved in these types of cases is proving that the accident is what caused your new injury or an exacerbation of your pre-existing injury. Establishing this usually requires careful documentation that clearly delineates your previous condition and symptoms with your current ones. Only with strong medical evidence can you overcome the insurance company’s argument that your current medical treatment is a continuation of your treatment for a prior injury.

Some ways to rove this information include:

  • Being honest and thorough with your medical providers about how your new injury is impacting you
  • Providing detailed medical records that show your medical treatment history
  • Gathering professional opinions and deposition testimony about your medical condition from your healthcare providers
  • Working with medical experts who can explain the differences between your current and previous injuries

Keep in mind that insurance companies make tons of money each year by devaluing and denying claims for any reason possible. To show you have a right to compensation, you will need convincing evidence that shows how the accident affected your previous condition. An experienced personal injury lawyer can help you meet this burden.

Our OKC Personal Injury Lawyers Are Here to Help

While the insurance company might try to make you believe otherwise, having a pre-existing medical condition does not disqualify you from pursuing a personal injury claim in OKC. The experienced personal injury attorneys at Oklahoma Injury Law can help you pursue fair compensation for the damages you have a right to claim under the law.

Contact us online or call us at (405) 310-8800 today for a free consultation.

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