Navigating a personal injury claim can be complex, especially when pre-existing conditions are involved. At The Law Firm of Frederick J. Brynn, P.C., we have extensive experience as Washington D.C. personal injury lawyers in handling these cases. Understanding how pre-existing conditions affect injury claims is crucial for anyone seeking fair compensation after an accident.
Understanding Pre-Existing Conditions
A pre-existing condition is any medical issue or injury that existed prior to the accident in question. This can range from chronic back pain to previous bone fractures. When you file a personal injury claim, insurance companies will scrutinize your medical history, often using pre-existing conditions to challenge the severity and cause of your current injuries.
Legal Perspective On Pre-Existing Conditions
From a legal standpoint, you are entitled to compensation for any aggravation or exacerbation of pre-existing conditions caused by the accident. However, distinguishing between symptoms of the pre-existing condition and injuries caused by the accident can be challenging.
Impact On The Value Of Your Claim
Pre-existing conditions can both positively and negatively impact the value of your claim. On one hand, if the accident worsens your condition, this can increase the value of your claim. On the other hand, insurance companies might argue that your current injuries are solely related to your pre-existing condition, not the accident, thereby reducing the potential settlement amount.
The Eggshell Plaintiff Doctrine
In personal injury law, the “Eggshell Plaintiff” doctrine is crucial. This legal principle states that a defendant must take a victim as they find them. If you have a pre-existing condition that makes you more susceptible to injury, the person responsible for causing your accident cannot use your fragile state to limit their liability.
Documenting The Aggravation Of Pre-Existing Conditions
Effective documentation is key in cases involving pre-existing conditions. Medical records before and after the accident can help illustrate how the incident exacerbated your condition. Consistent treatment and a clear medical narrative are essential in proving the impact of the accident.
Role Of Medical Experts
Often, we rely on medical experts to testify how an accident impacted your pre-existing conditions. These professionals can offer objective opinions on whether your current suffering is an aggravation of a pre-existing condition or a new injury entirely.
Negotiating With Insurance Companies
Insurance companies are known for using pre-existing conditions to challenge injury claims. As experienced personal injury lawyers, we understand these tactics and how to counter them. We ensure that our clients’ pre-existing conditions are not unfairly used against them in their injury claims.
At The Law Firm of Frederick J. Brynn, P.C., we are adept at handling personal injury claims complicated by pre-existing conditions. We know the strategies insurance companies employ and how to effectively advocate for our clients’ rights. Our goal is to ensure that you receive fair compensation for the full extent of your injuries, including any aggravation of pre-existing conditions.
Pre-existing conditions add a layer of complexity to personal injury claims, but they don’t disqualify you from seeking and receiving fair compensation. With the right legal strategy and experienced representation, you can effectively navigate these challenges. If you’re dealing with an injury claim and have pre-existing conditions, partnering with a skilled Washington D.C. personal injury lawyer can make all the difference in the outcome of your case.
