Can I File a Personal Injury Lawsuit If I Have a Pre-existing Condition?
You’ve been in a car accident and are injured due to another’s negligence. Bills begin to mount, and you’re out of work and must file a lawsuit for medical bills, lost wages, and more.
However, if you have a pre-existing condition, you might feel that filing a personal injury claim feels like a gray area of the law and that you have little chance of winning your case; that is not usually the case in Ohio.
We all know that insurance companies are “for-profit” institutions and always look for ways not to pay or pay as little as they can. The mention of “pre-existing condition” may give these companies the out they need and complicate your case, and, unfortunately, you may not be wrong. However, with your lawyer’s advice, guidance, and expertise, you can and should file a personal injury case.
However, in most pre-existing condition lawsuits, and with an experienced, skilled, and aggressive personal injury lawyer, you have a very sound chance of prevailing and getting the compensation you need and deserve.
Remember that your first goal in filing a personal injury case is to obtain the rightful and needed compensation for your significant and unexpected medical bills, lost wages, possibly a change in career, ongoing medical attention, and much more. However, without experienced and knowledgeable representation and advice, your settlement might be compromised in a personal injury claim with a pre-existing condition. The insurance company has numerous lawyers who will attempt to prove that your pre-existing condition was not caused or aggravated by your accident. But your thorough, experienced Mentor personal injury lawyer has various ways to disprove their baseless claims and get you and your family the total compensation you deserve.
How May My Pre-Existing Condition Affect My Personal Injury Case?
If you have a pre-existing condition, this is commonly the first thing the insurance company lawyers will try to use to minimize your compensation. Remember that many Americans have these conditions and numerous Ohio statutes that protect their insurance coverage, and much more, and the insurance companies know these facts.
The primary concern is how your previous injuries may be related to your injuries in your accident. Here, a rather oddly named “Eggshell Doctrine” may be used by your lawyer to increase the value of your claim.
For example, let’s say you use a pain medication regimen for chronic neck pain and routinely use a chiropractor. If you suffer whiplash in a car accident and continue this regimen, the insurance company lawyers may argue that your symptoms were not exacerbated by the accident.
The “eggshell doctrine,” if used professionally, provides your lawyer with the argument they need as it states that if someone negligently injures another, they are responsible for all injuries that they cause, even if your injuries are far worse than one would ordinarily anticipate due to a pre-existing medical condition.
This Eggshell doctrine (or Eggshell Skull doctrine) can usually be used in any condition that makes you more susceptible to injury, not just for people with damaged or thin skulls or neck vertebrae.
Your experienced and well-versed Mentor personal injury lawyer will fully explain that the insurance companies are never on your side. They don’t care about the treatment you need; their goal is to lower your compensation by any means necessary. However, a skilled personal injury lawyer has the valuable training to successfully negotiate with the insurance company and ensure you receive all the compensation you deserve for damages.
How Can My Personal Injury Lawyer Prove My Injury If I Have a Pre-Existing Condition?
The truth is that almost all personal injury cases involving pre-existing conditions are more challenging to your skilled personal injury lawyer. However, the good news is that if your lawyer is well-versed in these cases, they have numerous and successful legal means to refute the insurance companies’ tactics and ensure you get the compensation you deserve.
Some of these means legal means are;
- Obtain a thorough and complete history of your medical records – If you’ve regularly visited your doctor, your existing and complete medical records will clearly explain how your current injury has evolved and worsened by your accident.
- Solicit expert medical testimony – Your doctors and other professionals will be invaluable in proving the difference between the injuries you received in your accident and those that were pre-existing.
- The use of diagnostic tools – Current diagnostics, such as MRIs, CAT scans, and X-rays, can effectively and reputedly demonstrate and prove the extent, causation, and evolution of new or exacerbated injuries.
- By using various forms of comparative analysis – Making comparisons of your health records before and after your accident can often clearly and definitively illustrate the changes in your condition, thus reinforcing the claim.
These are only a few ways your knowledgeable and detail-oriented personal injury lawyer can overcome the insurance company’s pre-existing condition argument. Always note that every case of this type is unique, and your lawyer’s defense will be drafted accordingly.
Must I Disclose My Pre-Existing Condition In My Personal Injury Lawsuit?
When filing a personal injury claim, always be honest about your medical history, including any pre-existing conditions. Disclosing pre-existing conditions upfront can prevent problems from arising later in the claims process and strengthen your credibility.
The Importance of Being Honest About Your Medical History
The simple legal answer is yes; you should always disclose your pre-existing condition, even though you may feel you are harming your case. You can be assured that the insurance companies will find out, and failing to disclose pre-existing conditions can further damage your case and even have legal consequences.
Being truthful is always the best policy when filing with a pre-existing condition; on the other hand, it may even be beneficial with the help and professional guidance of your Mentor personal injury lawyer.
Being apprehensive about disclosing a pre-existing condition is understandable, but it’s vital to remember that many clients have these conditions and successfully win the compensation they deserve.
When dealing with the Ohio courts, you must be honest and straightforward about your medical history and disclose all pre-existing conditions, even minor ones.
I Have a Pre-Existing Condition and Was Injured In an Accident. How Should I Proceed?
It’s vital not to “sugarcoat” the fact that you have a pre-existing condition that, if not professionally handled, could significantly impact the outcome of your claim and your compensation.
That said, the most prudent and wise manner to approach these cases is with the help and professional guidance of a long-standing, experienced personal injury lawyer with a significant history of handling this type of personal injury case; this fact is critical to your success.
The Piscitelli Law Firm has over 30 years of experience managing personal injury cases with pre-existing conditions and successfully obtaining the total compensation you and your family are due. Call them today for free consultation at (216) 820-9832 and get the personal, proven, and aggressive professional help you must have at this critical time. You can focus on getting well while having the peace of mind that you’re being legally represented in the best way possible.
