There is often a lot of confusion about how pre-existing conditions can affect the outcome of a personal injury case. The truth is that they can be beneficial in some ways and detrimental in others. Please keep reading to better understand the complications, or just contact Law Offices of Fernando D. Vargas directly at 909-982-0707 for a free legal consultation.
A Person with a Pre-Existing Condition Will Not Receive Compensation if Their Injury Was Not Affected by the Accident
If you had a pre-existing condition, such as a back injury, and it was not affected by the accident then it is essentially irrelevant to your claim. You cannot sue for damages if the damages were already in existence and were not made worse by the accident. You can sue for other injuries and damages but should not include this injury in your case.
You Can Receive Compensation if an Accident Makes Your Pre-Existing Condition Worse
On the other hand, just because you have a pre-existing condition does not mean that you cannot be awarded damages for your injuries. If the accident made your injury worse, then you can recover damages for those aggravated injuries. You might also be awarded compensation for noneconomic damages such as PTSD and anxiety.
Discover What the “Eggshell” Plaintiff Refers To
The Eggshell Plaintiff Doctrine holds that it does not matter if the defendant knew that a delicate person was delicate or not, they are still responsible for the damage they did. The name refers to an eggshell – if a person were to throw an egg across the room and it broke, they cannot use the defense that they did not know that the egg would break. They are held accountable for their actions regardless.
In the terms of personal injury claims, this applies to people with past medical histories or medical conditions. For example, if someone has a condition that renders their bones more brittle than the average person and they suffer a broken leg when the average person would not have, the at-fault party is just as guilty and liable for damages as they would be if the person did not have the condition.
Do Not Hide Pre-Existing Conditions
It is all too common for an injured party to assume that the easiest option is to simply not discuss their pre-existing condition, this is never a good idea. You can assume that if the defendant denies their negligence, their attorney will request your medical records. They will likely find out what you are hiding and this can make it much harder to recover the damages you are owed.
If you have been involved in an accident in which someone else was at fault, contact Law Offices of Fernando D. Vargas at 909-982-0707 for a free legal consultation.
