Accidents happen at the most unexpected times. If you get injured because of someone’s negligence in St. Petersburg, then you can rightfully file a personal injury case.
But the case becomes a challenge if there was already an injury prior to the accident. This can substantially affect your case in many ways, from determining fault to calculating compensation.
Anyone involved in an accident should know how pre-existing conditions affect the case. A St. Petersburg personal injury attorney becomes invaluable in such situations. These legal professionals can help you go through the details of your case to ensure that your rights are protected and that you get fair compensation for all injuries incurred.
The Impact of Pre-Existing Conditions on Liability
In personal injury cases, proving liability is very essential. Pre-existing conditions make it harder to do this. The insurance companies and the defendants will argue that the pain and suffering are due to pre-existing conditions, not the accident.
More importantly, it must be kept in mind that a pre-existing condition does not bar the award of compensation. The law has the principle of the “eggshell plaintiff” rule. This rule states that the defendant must take the plaintiff as they find them, taking into consideration pre-existing conditions.
Determining the Extent of New Injuries
One of the greatest challenges in these cases is determining what injuries or conditions are new and what conditions were pre-existing. These issues generally have heavy documentation and often rely on expert testimony. Here is what doctors will be looking at:
- The prior state of your pre-existing condition
- How has the accident worsened or aggravated this condition?
- Any new injuries that may have been caused by the accident
This information is important as it helps in proving the case and allows the damages to be taken into consideration.
The Importance of Full Disclosure
Always be honest about any previous conditions when filing a personal injury claim. Not disclosing this information can significantly harm your case. It may give the impression that you are hiding something, which can lead to:
- Loss of credibility with the insurance company or in court
- A lower or denied claim
- Legal consequences
Remember, honesty is still the best policy. Your attorney can help you present your pre-existing condition arguments to your advantage and not against you.
Calculating Damages: A Complex Process
The calculation of damages becomes more complex when pre-existing injuries are involved. The aim is to compensate you for the additional harm done by the recent accident, not for your pre-existing condition. It will often involve:
- Comparing your medical condition before and after the accident
- Medical costs that may have been incurred in relation to the accident
- Quality of life changes and future income loss
The attorney will help in obtaining assistance from doctors who will be in a good position to quantify the damages correctly. At this point, you will receive a settlement amount that fairly represents the actual effects of the accident.
The Role of Medical Documentation
In cases with pre-existing injuries, medical documentation includes the following:
- Medical records before the accident
- Detailed reporting of your current status
- The expert medical opinion on how the accident has affected your pre-existing condition
A well-documented medical history will be the difference between a successful and a denied claim.
Conclusion
It can be tough to navigate a personal injury case alongside pre-existing injuries, but it is not impossible. In these cases, you still have the right to pursue injuries that were caused by another party’s negligence.
The big things to do are to be honest about your past medical history, gather all of the documentation you can, and find an experienced personal injury attorney for your case.
The Editorial Team at Healthcare Business Today is made up of skilled healthcare writers and experts, led by our managing editor, Daniel Casciato, who has over 25 years of experience in healthcare writing. Since 1998, we have produced compelling and informative content for numerous publications, establishing ourselves as a trusted resource for health and wellness information. We offer readers access to fresh health, medicine, science, and technology developments and the latest in patient news, emphasizing how these developments affect our lives.
