Hundreds of thousands of personal injury claims are filed each year in America according to reports from the legal sector. Those claims are often the results of car accidents and work-related injuries, but they can stem from other sources as well. Causes aside, they all revolve around injuries caused by other people’s negligence or malicious intentions. These cases are particularly complicated because they involve proving who was at fault for the resulting injuries, to what extent, and how much pain and suffering they bring about among other factors.
Bringing Pre-Existing Conditions Into the Picture
Though personal injury cases are complex to begin with, pre-existing conditions can cause further complications. Any injury or chronic illness you had before the accident that led to your lawsuit could come into play here. Pre-existing conditions can certainly affect the outcome of a personal injury case. Because of that, hiring a personal injury lawyer to represent you in a case like this is particularly important.
Looking at the Challenges Involved in Personal Injury Cases With Pre-Existing Conditions
Several challenges arise in personal injury cases involving pre-existing conditions. One of the most significant is proving that the accident caused or worsened the injury in question. For example, say you injured your back several years ago and have been suffering from chronic pain ever since. Then, you were recently in a car accident that caused additional back injuries. In a situation like this, the defendant’s legal counsel might argue that the accident is irrelevant because your injuries existed beforehand.
Additionally, your lawyer may need to prove the extent to which the accident exacerbated your back injury. Again, that could be exceedingly difficult with a similar injury already in place. This is only a general example. No matter what pre-existing condition you have or what type of injuries you received in the accident, documentation of the medical care you received afterward and any other treatments you’ll need in the future will be crucial here. Testimonies from expert medical witnesses may be required as well.
How Pre-Existing Conditions Can Affect Damages
Another factor to consider would be the damages you’re entitled to. Damages are the compensation you’ll be awarded if you win the lawsuit. A pre-existing medical condition could lead to reduced damages. The defendant may argue that the accident wasn’t the sole cause of your injuries, so you’re not entitled to the same amount you would be otherwise. Again, documentation and expert witnesses will be essential for determining how much compensation you should receive after weighing your pre-existing condition against the injuries that occurred in the accident.
Successfully Navigating Personal Injury Cases Involving Pre-Existing Conditions
As mentioned, having a personal injury lawyer on your side is essential for a personal injury case that involves a pre-existing medical condition. Being completely honest about your medical condition from the beginning is also crucial. Failing to disclose important information, even if it might affect your compensation, could hamper your credibility more so than strengthening your case.
Personal injury cases are particularly complicated, and that’s especially true when pre-existing conditions come into play. Such a condition won’t necessarily disqualify you from receiving compensation for injuries caused by the accident in question. The person or people responsible for the accident could still be held at least partially accountable. Your pre-existing condition could reduce the amount of compensation you receive, though. Proving the impact the accident had on you, to what extent it may have worsened your injuries, and how it will affect your life moving forward are the keys to success in a case like this.
