When discussing personal injury claims, one vital factor that often comes into play is the presence of preexisting conditions. These are medical conditions that an individual had before the incident that led to the personal injury claim. They can range from previous injuries and illnesses to chronic conditions like diabetes or arthritis. Understanding how these conditions affect a personal injury claim requires a nuanced understanding of both medical and legal principles.

A primary concern about preexisting conditions is how they influence the assessment of damages, which are the monetary compensation a claimant seeks in a personal injury case. In general, the purpose of damages in a personal injury claim is to 'make the claimant whole,' or to restore them, as much as possible, to the condition they were in before the accident.

However, when a claimant has a preexisting condition, it can complicate the calculation of these damages. For example, let's say an individual had a previous back injury and then got involved in a car accident. The accident may have exacerbated the back condition, causing more pain and suffering than the individual would have experienced had they not had the preexisting condition. The question then arises: how much of the person's pain and suffering is due to the accident, and how much is due to the preexisting condition?

This dilemma often leads to what is referred to as the "eggshell plaintiff" or "take your victim as you find them" doctrine. This rule suggests that a defendant must compensate the claimant for the full extent of the harm they caused, even if the claimant's preexisting condition made them more susceptible to that harm. In other words, the defendant cannot argue that they should pay less because the claimant would not have suffered as much if they had not had a preexisting condition.

Defense and the Preexisting Conditions

On the other hand, defense attorneys often use the existence of preexisting conditions to their advantage. They may argue that the plaintiff's injuries resulted from their preexisting condition, not the defendant's actions. This is known as the causation defense.

The defense might also argue for an "apportionment of damages." Here, the defense will claim that only a part of the plaintiff's damages should be attributed to the accident while the rest are due to the preexisting condition. Therefore, they should only be responsible for paying the damages directly resulting from the accident.

Medical Records and Expert Testimony

In such cases, medical records and expert testimony become crucial. Medical records can provide objective evidence of a claimant's health status before and after the accident, helping to distinguish between damages caused by the accident and those linked to preexisting conditions. Expert witnesses, like physicians or other medical professionals, can provide informed opinions on the same.

Strategies for Claimants with Preexisting Conditions

Claimants with preexisting conditions are advised to be forthright about their health history. Concealing preexisting conditions can harm the claimant's credibility and the validity of their claim. It's also essential to gather comprehensive medical evidence and expert testimony, as mentioned above, to demonstrate the extent to which the accident exacerbated the preexisting condition.

Claimants should also aim to establish a clear timeline of events. This involves showing how their health condition evolved from the time of the preexisting condition to the accident and afterward. This timeline can illustrate how the accident directly impacted their health, separate from their preexisting condition.

Understanding the Insurance Company's Role

When dealing with personal injury claims, insurance companies play a significant role in the resolution of the claim, and preexisting conditions come under particular scrutiny. The insurance adjuster will likely review the injured party's medical history thoroughly. If there's a preexisting condition that could possibly have contributed to the injury, they might try to reduce the claim's value or deny it altogether.

Claimants should prepare for a thorough examination of their medical records. This examination may not just encompass recent health history related to the accident but could reach back many years. Insurance companies can use a signed medical authorization to request these records.

Dealing with the Insurance Company

It's crucial to handle these interactions with the insurance company carefully. In addition to being honest about preexisting conditions, claimants should be cautious about signing anything without first consulting with an attorney. This includes medical release forms that allow the insurance company access to your medical history. Broad authorizations might let the insurance company delve too far into your medical history, potentially using irrelevant information to dispute the claim.

Claimants should consider seeking legal counsel to deal with insurance companies. Experienced personal injury lawyers know how insurance companies operate and can protect claimants from strategies aimed at minimizing or denying claims. They can also help accurately value a claim, considering the full impact of the accident on the claimant's health, including exacerbation of preexisting conditions.

The Importance of Continuous Treatment

For claimants with preexisting conditions, continuing treatment for their injuries is crucial. Gaps in treatment can give the insurance company or the defense a reason to argue that the injuries are not as serious as the claimant suggests or that they are not related to the accident. Consistent treatment helps establish a link between the accident and the worsening of the condition.

Different jurisdictions can have varying legal principles and case laws that affect how preexisting conditions are treated in personal injury claims. For example, some states follow the "eggshell skull rule" strictly, while others may consider the apportionment of damages.

There are also precedents set by previous cases that could influence how a claim involving preexisting conditions is handled. These cases can guide how the law is interpreted and applied, making them particularly valuable when navigating a personal injury claim with a preexisting condition.

The presence of preexisting conditions can complicate personal injury claims but it does not automatically negate or reduce them. It demands a more careful approach, more thorough documentation, and potentially the guidance of a legal professional. Transparency, continuous treatment, and a strong legal strategy can help claimants with preexisting conditions secure a fair resolution. Understanding the interplay of medical facts, legal principles, and insurance procedures can turn what initially appears as a liability into a well-substantiated claim that accounts for the full range of a claimant's injuries and their impact on his or her life.