Accident victims injured due to another's negligence may be eligible to file a personal injury suit against them. When dealing with pre-existing conditions insurers use against victims when denying or reducing compensation payments. Understanding their impact will allow victims to protect their rights and ensure fair treatment of claims.

What are Pre-existing Medical Conditions? 

A preexisting condition refers to any injuries or health conditions you had before an accident occurred. Common examples may include:

• Back pain and spinal injuries
• Arthritis can develop following fractures or surgeries.
• Degenerative conditions, including osteoporosis.

These conditions may increase an individual's likelihood of injury but do not preclude them from filing a personal injury claim and receiving compensation.

The "Eggshell Plaintiff" Doctrine

There is a legal principle known as the "eggshell plaintiff" rule which mandates defendants treat victims according to their current state despite any pre-existing medical condition that makes them more prone to injuries. Under this principle, they can be held liable even when there was pre-existing medical care which made an individual more susceptible. This doctrine offers essential protection to injury victims with preexisting medical conditions, preventing insurance companies and defendants from dodging liability simply because an injured party may be more fragile or has prior health concerns.

How to Evaluate Pre-Existing Conditions in Personal Injury Claims

At the core of most personal injury claims lies the issue of whether an accident worsened or aggravated pre-existing conditions. To make this determination, courts and insurance adjusters examine medical records, witness testimony, and other evidence to evaluate this.

Your Condition Before an Accident

What differentiates between your previous symptoms and injuries sustained in an accident are injuries sustained as a result. If the new injury is unrelated to any previous condition or is due to something completely unrelated such as being hit by a falling object, no prior conditions should be implicated.

Medical experts could assist you in proving that a car crash aggravated your condition. For example, if you experienced mild lower back discomfort before the crash but now suffer from severe herniated disks due to it, they could demonstrate how the crash made matters worse.

Medical Evidence

When dealing with preexisting medical conditions that come into question during personal injury litigation, having solid documentation is of critical importance. Your personal injury lawyer may require it. For example:

Medical records (X-rays, MRIs, etc)
Compare your medical condition before and after an accident has taken place.
Medical specialists or treating doctors may offer their opinions about treatment.

Evidence can help distinguish between injuries that were already present and those caused by an accident.

Insurance Company Tactics 

It's well-known that insurers use pre-existing medical conditions as leverage against paying out claims. Their arguments might include:

Accidents do not always lead to physical injuries.
Your symptoms appear exaggerated.
Without treatment, your condition would likely have worsened further.

Assembling a strong case against personal injury requires working with an experienced attorney. An attorney can leverage medical records, expert opinion, and legal precedents to build their case effectively.

Protecting Your Rights

Follow these steps if you are involved in an accident with preexisting medical conditions. Being honest about your medical history. Hiding existing conditions can diminish credibility and erode trust between individuals. Seek medical evaluation after an accident; a medical assessment can help document its effects. Employ an experienced personal injury lawyer. They will assist in the administration and resolution of your case, fighting hard for maximum compensation.

Although pre-existing conditions can complicate personal injury cases, they do not erode your right to compensation. You can use medical records and legal representation to show that an accident exacerbated your condition, giving you grounds to hold negligent parties accountable. Don't allow a prior health condition to stop you from seeking justice. Seek legal assistance now so you can protect yourself.

For inquiries related to traffic accident laws or injury laws, or to hire an accident attorney, contact the legal professionals of Bautista LeRoy LLC through this number 816-221-0382 or email them at [email protected]. Serving Kansas City, MO and KS as well as surrounding areas of Benton County and St. Louis.

Summary

Filing a claim after getting hurt as a pedestrian can be challenging and stressful, especially after the shock of the accident diminishes. The first and most important thing to do is, if possible, move to a safe place and get a medical support. Even if the injury seems minor, you have to get medical help right away. This is because some injuries take hours or even days to fully show up. In addition, having medical records will also help you later in filing a claim. 

If you are injured as a pedestrian and wants to file a claim for compensation, here are more steps you need to take:

• report the accident to the authority (for police report or official record)
• document everything in the scene (take photos or videos of the injuries, the damage, road signs, etc.)
• if possible, write the details about the accident (time, location, etc.)
• get the driver's information (name, phone number, license plate number, and insurance details)
• look for witnesses (talk to them and exchange contact info)
• keep all the records (medical report, hospital bills, receipts, work-related records, etc.) 
• speak with the insurance company carefully (stick to the facts, avoid guesses, avoid admitting fault, etc.)
• follow the doctor's advice (follow up appointments, treatment plans, etc.)
• if needed, consider talking with injury lawyers 
• stay organized (keep all the documents and the records together)