Sometimes, pre-existing conditions, such as chronic back pain or neck pain, can be aggravated after a car accident. In such cases, some insurance companies often argue that their injuries existed before the crash, and hence they shouldn’t be fully compensated.
Lawyers prove aggravation of pre-existing conditions by comparing medical records before and after the accident, presenting expert medical testimony, documenting how the injury worsened the victim’s daily life, and applying legal principles such as the “Eggshell Plaintiff” rule.
With the right legal help, strong evidence, and medical expertise, they can protect their rights and secure fair compensation. If you are someone who is facing such issues after an accident, a professional personal injury lawyer will help you file the car accident insurance claim, get the right evidence, and help you get the compensation you deserve.
So, here are a few ways that lawyers prove aggravation of pre-existing conditions.
1. Establishing Clear Medical Records
For any accident or personal injury claim, the most important factor is evidence. So the first steps that a lawyer will take are establishing a clear medical baseline by gathering all medical records of the victim from before the accident.
By having a record of the victim’s medical history, the lawyer will be able to establish factors like the severity of the condition before the accident, treatment history and symptoms, and functional abilities of the person before the injury. This will help demonstrate how the injury worsened the condition.
2. Obtaining Post-Accident Medical Evidence
Their next step is to prove that the accident aggravated the condition. For this, the lawyers make use of medical records after the accidents. They will use reports from the emergency room, scanning images, doctor notes, and therapy notes. This will help them reveal any new injuries or changes in the victims’ conditions after the injury.
3. Testimonies from Medical Experts
In injury claims, medical expert testimonies play a significant role in proving the impact of the injuries on the victims. A lawyer will work with medical experts who will be able to testify how the accident worsened the condition, how the pain increased after the injury, and how this new injury requires a new or more aggressive treatment.
Medical testimonies hold huge power in court or during negotiations with insurance companies.
4. Demonstrating Impact on Life and Work
Another step that your lawyer might take is proving how the aggravated condition has further impacted your life or the victim’s daily life. They may use employer statements about missed work or use personal journals to document pain and limitations, or even statements from family members.
This is used to prove how your activities have been affected or changed after the incident, supporting that the pre-existing condition has worsened.
5. The “Eggshell Plaintiff” Rule
Even if the insurance companies argue about the condition, the personal injury law has an “eggshell plaintiff” rule that supports such victims. It states that defendants must take the victims as they are, including any vulnerabilities and proper conditions.
According to this rule, the liability will fall on the defendant or the person responsible for the accident, even if the victims were susceptible to injuries. It also says that a pre-existing condition does not stop the victim from getting the compensation they deserve.
Conclusion
Insurance companies usually try to downplay the claim by pointing out the pre-existing injuries of a victim. However, there are laws that protect such victims. With the right legal help and medical records, a skilled lawyer will prove how the incident worsened the victim’s condition and help them protect their rights.
Final Takeaways
- A pre-existing condition does not mean that the victim is prevented from receiving the compensation they deserve.
- An experienced lawyer will be able to prove aggravation with proper evidence.
- Expert medical testimonies can help strengthen the victim’s case.
- The “Eggshell Plaintiff” rule protects such victims.
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