When you’ve been injured because of the negligence of someone else, you are probably seeking legal advice. If you are not, you should. But if you have a pre-existing condition, can that impact your personal injury claim? The personal injury attorneys at Fellerman & Ciarimboli have the answers you need.
HOW PRE-EXISTING CONDITIONS MAY AFFECT YOUR PERSONAL INJURY CLAIM
It is fairly standard at the start of any personal injury claim for the insurance companies to ask if you have any pre-existing conditions. The insurance company will then try to determine if those conditions could have caused the injury to avoid an expensive payout to the victim.
Insurance companies may want to prove that an accident did not cause the injury, rather it was perpetrated by the condition the victim already had. And if they are successful, they can minimize or deny your claim to compensation.
Knowing this, do you have to disclose your personal injury?
The short answer is yes. By not filling out your personal injury claim correctly and withholding information about your pre-existing conditions, it may discredit your entire claim. You’ll want to be honest about any and all conditions you have as the injury you sustained may impact your condition and even worsen them. If the insurance company feels you are not being honest, you may not receive the compensation you need and deserve.
DOCUMENTATION CAN HELP BOOST YOUR CLAIM
Going through a personal injury claim is difficult enough. But when your condition is further impacted by the injury, you need to have a plan to ensure your needs are being met. The best way to do so is by keeping thorough medical documentation of all appointments, procedures and any changes to your health that occur.
If you can prove a relationship between your condition and the injuries sustained, insurance companies will have less room to deny or low-ball your claims. To be proactive in this, you need to seek medical attention following the accident as soon as possible. The longer you wait, the more it may hurt your case.
PERSONAL INJURY AND PRE-EXISTING CONDITIONS: THE EGGSHELL SKULL RULE
The eggshell skull rule is the doctrine that makes the defendant liable for the plaintiff’s unforeseeable and uncommon reactions to the defendant’s negligent or intentional tort.
In essence, the defendant is responsible for any loss or injury the victim sustains regardless of how that plaintiff’s personal situation (ie. medical conditions, employment, etc.) may be magnified.
In Pennsylvania, the frailty of the injured person is not a defense in a personal injury case–regardless if the injured were solid as a rock or fragile like an eggshell.
The eggshell doctrine is what ensures that those with pre-existing conditions receive the compensation they deserve for injuries that further agitate their pre-existing conditions.
Going through a personal injury can be detrimental can be devastating to you and your family. But when it negatively impacts your health because of a preexisting condition, it can be traumatic. That’s why you need the personal injury attorneys of Fellerman & Ciarimboli to represent you.
Fellerman & Ciarimboli represents personal injury victims with compassion and experience. If you or a loved one has been hurt because of someone else’s negligence, we would be pleased to evaluate your case. Please call us to schedule a consultation. We do not charge to meet with us and only receive a fee if we recover money on your behalf.