Impact on Damage Evaluation
Pre-existing conditions significantly complicate damages assessment in personal injury cases. While defense attorneys often argue that injuries existed before the accident, the law provides protection for injury aggravation. When an accident worsens an existing injury, such as a problematic knee now requiring surgery, damages must reflect that aggravation. The challenge lies in distinguishing new injuries from pre-existing conditions, as insurance companies often attempt to minimize offers by claiming all injuries are pre-existing.
The Eggshell Plaintiff Doctrine
The eggshell plaintiff rule, a fundamental legal concept taught in first-year law school, states that defendants must "take their victim as they find them." If someone with unusual fragility, such as a pre-existing back issue, suffers severe consequences from negligent actions, the at-fault party remains fully liable for damages. This doctrine protects vulnerable clients, ensuring they aren't penalized for pre-existing conditions.
Effective Strategies for Claims
Transparency is crucial when handling pre-existing conditions in personal injury claims. Plaintiffs should disclose conditions upfront to prevent the defense from using them as surprise evidence later. Focus should be placed on differentiation, demonstrating how life was manageable before the accident and became significantly worse afterward. Medical documentation and physician testimony can effectively connect these dots, showing how an accident transformed a manageable condition into a serious problem.
Medical Evidence and Documentation
Comparative medical records are essential evidence, including MRIs and x-rays from before and after the accident that show new damage. Specialist testimony carries significant weight, particularly when explaining how trauma accelerated existing conditions. Treatment records demonstrating new medical interventions or medications provide compelling evidence of injury aggravation.
Insurance Company Tactics
Insurance companies actively seek to minimize claims involving pre-existing conditions, often arguing that current symptoms are unrelated to the accident. They may cherry-pick old records to create confusion about causation. Clients can counter these tactics by maintaining detailed medical records, consistent treatment history, and personal documentation showing changes in their condition. Professional legal representation is crucial for navigating these challenges effectively.
Early Documentation and Ongoing Care
Establishing a baseline through prior medical records is essential. Immediate medical attention following an accident is crucial, even if symptoms seem minor. Maintaining a detailed symptom log and continuing ongoing medical treatment demonstrates the legitimacy of claims and strengthens credibility. Gaps in treatment can weaken a case, as insurance companies may interpret them as evidence that injuries aren't severe.