Dealing with pre-existing conditions is usually a contested area in personal injury claims. These conditions may also play a material role in determining the injury claim’s value by influencing the amount of settlements and liability decisions.
Understanding Pre-existing Condition Definitions
A pre-existing condition is a term in personal injury claims that means any health condition or sickness that a person is already suffering at the time of the accident or events which are claimed to have caused the injury. These conditions significantly go a long way to affecting the effectiveness of personal injury claims.
Common examples of pre-existing conditions include the following:
- Chronic diseases such as diabetes or high blood pressure
- Bone fractures and sprains due to old accidents
- Chronic progressive diseases such as osteoarthritis or osteoporosis
- Emotional disorders such as post-traumatic stress or psychological distress
These sorts of pre-existing conditions need to be identified to effectively handle personal injury claims of this nature.
Pre-Existing conditions, their attendant implications
Insurance companies have attorneys who argue that because the claimant has such a pre-existing condition, there is no need to settle for such and such an amount, if there is any disfavor, or they deny all responsibility. Insurers may argue that when a claimant has a good medical record, it is the disease and not the accident that is to blame for the present symptoms.
Aggravation of Pre-existing conditions – finding their definition and understanding
If because of an accident, another disease becomes more severe than what was previously existing, the resulting claim will change as well.
Let’s take two examples:
A man has a relative back injury and after he experiences a car accident, he complains of worse pain than before. A frail elderly nursing home resident suffering from osteoporosis sustained a fall because of whipping negligence from staff.
In such situations, it is necessary to prove how the incident has aggravated the prior injury for justice to prevail.
Importance in Mass Tort Cases
This concept becomes especially relevant in mass tort cases, where some claimants may have pre-existing conditions, and their level of severity may differ among them.
Supporting Your Claim
Severe and life-altering injury may be fully supported by appropriate documentation and appropriate clarifying in a demand letter along with comprehensive summaries of the depositions taken.
Establishing Causation and Comparative Fault with Pre-Existing Conditions
Demonstrating that a claimant’s clinical or other pre-existing conditions were either the result of an accident or aggravated because of it raises some problems. Insurance adjusters will argue that it is unnecessary to associate specific bodily injuries with the incident making causation more difficult in personal injury. Attorneys are needed to prove that an accident has caused a problem that is more likely related to a pre-existing health issue, which calls for a lot of medical documentation.
These difficulties are compounded by comparative fault. In the eyes of most, it is simple that most outcomes result from two or more factors, such as the patients’ incapacitating conditions for the plaintiff and the negligence of the defendant for the defendant. For proper representation, it is crucial to know how all elements would affect the outcome of the case.
Medical Records Are Essential for a Personal Injury Claim
To establish a claim of personal injury, effective substantiation includes producing valid medical records, particularly in cases where there is an underlying condition. These records may help demonstrate the level of injury sustained, the effect it has had on the injured party, and whether the injury led to the worsening of a pre-existing illness.
Independent Medical Examinations
Independent Medical Examination (IME) is a procedure that insurance companies regularly invoke in their bid to determine whether the claimant’s reported injuries and their consequences are as they are reported. These examinations are critical in the assessment of any existing conditions that would have been reported before an injury claim, with satisfaction that such conditions are left ‘unforgotten’ and are assessed.
Legal Considerations for Managing Cases with Pre-existing Conditions
The use of qualified medical personnel and witnesses is important in personal injury cases especially where the claimant has similar past health conditions. Such declaration from expert witnesses in personal injury cases helps refine the nexus between the incident and the current ailments the victim suffers from. This declaration assists in determining if the injury aggravated a prior condition or created trauma.
Some key positions in using expert testimony in such cases include:
- Another objective that is clinically verified: Medical professionals give arguments that are neutral helping to identify the cause that is being sought to establish.
- Effective assessment: Specialists can explain which signs occurred from the time leading up to the accident as well as which ones were brought about by the accident.
- Undermining claims: Some level of expert opinion has been able to ascertain the extent of aggravation and severity in each claim.
An attorney can strategically use expert testimony to enhance the chances of winning the case especially when dealing with patients suffering from pre-existing conditions.
The Eggshell Skull Rule: Clients with an Existing Vulnerability Should be Diligently Protected
The eggshell skull rule is one of the crucial factors to consider while claiming damages for personal injury. The rule of Caroline Wragg takes judicial notice that those people are responsible for the consequences that follow because of their actions regardless of the facts that they are outrageous at times and pernicious to the plaintiff’s characteristics.
Issues that attorneys will need to contemplate include:
- The Plaintiff’s Condition: Whether the person has any injuries or did not have any injuries before the occurrence of the incident.
- Causation and Liability: Ensuring that appropriate causation connecting the accident, the aggravated injury, and the testimony and the medical evidence adduced to support the case is present.
- Documentation: Examining the complete records and arranging for the depositions all aimed at enhancing the claims.
Proper knowledge and application of the egg’s skull rule can change the course of the case, as it offers a fair level of accommodation for clients in situations with vulnerabilities.
The Risks and Consequences of Non-Disclosure Regarding Pre-existing Diseases
One of the most common reasons is equal to personal injury and not completing the relevant medical history of the claimant during the evaluation, particularly regarding personal history evaluation can leave the claimant with very many undesired consequences: One reason that may be given is that failure to accurately portray to movers the fully – disclosure pre-existing conditions.
- Reduced Compensation: Remember that withhold at pre-existing conditions as to claim later a lesser compensation, as the insurers may counter that the injury was not entirely due to the accident.
- Fraud Charges: Withholding non-information may trigger the initiation of insurance fraud which is punishable by the law.
Lofty violations can be avoided by revealing all, which is very important for the correct and positive outcome of a personal injury claim.
Best Practices for Attorneys While Handling Client’s Prior Medical Records in Personal Injury Litigation
The attorney’s competence is so decisive, in this sphere that every rule which involves ensuring full exposure must be followed. Attorneys must:
Teach the patients that they must provide their full medical history to avoid complications like claims being denied or insurance fraud being imputed to them.
- Be orderly and organize documents carefully: Employing tools such as life care planning and sorting and indexing of medical records to support or prove the claims.
- Use the Services of Medical Professionals: Use doctors for document signings and dummy depositions and examine how pre-existing conditions may affect personal injury claims.
- Consider the ‘Egg skull’ Rule: In instances where you must represent these abused parties, push the point that all consequences irrespective of any aggravating medical conditions pre-existing to the accident are the responsibility of the defendants.
These strategies and policies help prevent the law-abiding system in client interests from being violated at any stage of the course.
Key takeaway: Attorneys must appreciate how pre-existing conditions affect personal injury claims. This knowledge enables them to present their client’s cases better.
