If you have been injured due to someone else’s negligence, it is important to understand how your preexisting medical condition may impact your personal injury claim. An experienced injury lawyer can guide you through this complicated process, ensuring that you receive fair compensation for your injuries. This article will explore the ways in which preexisting conditions can affect injury claims and discuss strategies for working with an injury lawyer to build a strong case.
Definition of preexisting conditions:
Preexisting conditions refer to any health issues or medical conditions that existed prior to the occurrence of the injury in question. These conditions can range from chronic illnesses such as diabetes or hypertension to previous injuries, surgeries, or disabilities.
Challenges in establishing causation:
One of the primary challenges in injury claims involving preexisting conditions is establishing causation. Claimants must demonstrate that the accident or incident in question exacerbated or worsened their preexisting condition, resulting in additional harm or complications. This can require inclusive medical evidence and expert testimony to establish a clear link between the accident and the exacerbation of the preexisting condition.
Impact on damages awarded:
The presence of preexisting conditions can also impact the damages awarded in injury claims. Insurance companies and defense attorneys may argue that the compensation should be reduced based on the proportion of the injury attributable to the preexisting condition rather than the accident itself. This can lead to disputes over the extent of damages awarded, particularly for non-economic damages such as pain and suffering.
Mitigating factors:
However, the existence of preexisting conditions does not necessarily preclude individuals from pursuing injury claims. Mitigating factors such as the severity of the accident, the degree of exacerbation of the preexisting condition, and the impact on the individual’s quality of life are taken into consideration when assessing liability and damages. Legal representation plays a crucial role in advocating for fair compensation despite the presence of preexisting conditions.
Legal strategies and defense tactics:
Legal representatives must employ strategic approaches to address preexisting conditions in injury claims. This may involve obtaining inclusive medical records, consulting with medical experts, and presenting compelling arguments to counter defense tactics aimed at minimizing liability or damages based on preexisting conditions.
