Role of Pre-Existing Injuries in Personal Injury Compensation Cases

In cases of injury, the concern is mainly focused on pain, medical bills, and lost work time. Past conditions or past injuries may be a consideration in some cases.

“People fear that they will receive less compensation or that they will not win because they have a pre-existing condition. But the point is that the legal system understands that an accident can worsen the pre-existing condition, and this is already considered in compensation,” says Ron Kramer, founding partner at Kramer Injury Law.

It is helpful to understand how past injuries might affect your case.

What Constitutes a Pre-Existing Condition?

Any condition that existed before an accident is considered a pre-existing injury. This category encompasses everything from an injury that has already healed, such as a broken bone, to chronic back pain or arthritis.

In many cases, there are people with injuries or health conditions that they themselves do not think about until an accident happens. The determining factor is whether the injury had been previously diagnosed and treated before the accident.

Insurance carriers and the courts will examine medical history, prior treatments, and physician comments to determine whether the existing injury was active or latent at the time of the new injury.

Utah’s Eggshell Plaintiff Rule and Its Significance

You first need to understand the “eggshell plaintiff rule.” It means that if the plaintiff had a pre-existing condition making them more susceptible to the damage, the defendant will still be held liable for the damage.

For instance, if an automobile accident exacerbates an old back injury, the wrongdoer must compensate for the aggravation of the pre-existing condition. This legal responsibility exists because the defendant should not be able to avoid liability simply because the injured party had a known predisposition.

On the other hand, the total amount of damages depends on how much the accident worsens the pre-existing condition, not on the pre-injury condition alone.

Establishing the Aggravation of the Pre-Existence

The difficulty in such cases arises in proving that the aggravation was a consequence of the accident. The key in such cases would be medical evidence.

Medical professionals should record the progression of the injury and link it to the incident. Expert opinions are often required in court to determine the level of aggravation and the appropriate level of compensation.

Lacking valid proof, the insurance company can always contend that the injury existed before the accident or was due to aging.

How Insurance Companies Utilize Medical History

Insurance firms closely scrutinize past medical records to find grounds to deny or limit a claim. The firms can claim that the injury existed prior to the accident.

This focus on pre-existing conditions can give rise to complicated disputes about causation and actual damages. The insurer’s aim here is to keep costs down, so it’s essential to be open and comprehensive with your medical background when making a claim.

Your attorney should examine your medical records to determine which injuries to include in your claim. This detailed medical analysis will ensure your claim encompasses both your new injury and any exacerbation of pre-existing conditions.

Evidence Supporting Claims Based on Prior Injuries

In cases that include pre-existing conditions, the documentation must be thorough. It is important to include medical documents that show the condition was healed and stable before the accident.

Moreover, the statements from your healthcare professionals regarding the impact of the most recent event on your condition will add strength to your claim. Photographs, testimonials, and medical opinions are strong evidence.

Well-organized and documented evidence can go a long way in proving the actual effect of the accident on you, which will ensure you get a fair settlement for all the damages sustained.

Final Thought

Having a pre-existing injury will not mitigate or eliminate the effects of an accident. It will only make the process more complex.

With an understanding of the legal perspectives on such circumstances within Utah, the process will no longer be confusing. With knowledge, there will be clarity, and clarity will provide stability when all else may be unstable.