Dealing with a personal injury claim can be challenging, especially when you have pre-existing conditions. Insurance companies may try to use your prior medical conditions or injuries as an excuse to deny your claim or argue that you are entitled to less compensation. Understanding how pre-existing conditions affect your claim is crucial to protecting your rights. Working with a knowledgeable personal injury lawyer in Hamilton, Ohio can help ensure that your pre-existing conditions don’t unfairly influence the outcome of your case.
How Pre-Existing Conditions Affect Your Personal Injury Claim
Pre-existing conditions are any injuries or medical issues you had before the accident occurred. In a personal injury claim, the goal is to seek compensation for new injuries or the activation of previously asymptomatic or the aggravation of pre-existing conditions resulting from the accident. Insurance companies often try to argue that your injuries were not the result of the accident, but rather related to your prior condition. This is where a personal injury lawyer in Hamilton, Ohio becomes essential—an attorney can ensure your pre-existing conditions are handled fairly in your claim.
The “Eggshell Plaintiff” Rule
A key legal concept in cases involving pre-existing conditions is the “eggshell plaintiff” rule. This rule states that a defendant is responsible for all injuries caused by their negligence, even if the plaintiff has a pre-existing condition that makes them more vulnerable to injury. In other words, the defendant cannot avoid liability just because the victim was more susceptible to harm. A skilled personal injury lawyer in Hamilton, Ohio will use this rule to ensure that your pre-existing conditions do not work against you in court.
Proving That the Accident Aggravated Your Pre-Existing Condition
One of the most important steps in a personal injury claim involving pre-existing conditions is proving that the accident aggravated or worsened your prior injury. Here are some strategies to help:
Seek Immediate Medical Attention
After an accident, it’s essential to seek medical attention right away. Inform your doctor of any pre-existing conditions you have and explain how the accident may have worsened them. Your doctors and medical records will become key to demonstrating that the accident led to a worsening of your condition.
Provide Thorough Medical History
Providing your medical history is essential in personal injury claims. While insurance companies may request access to your medical records, your personal injury lawyer in Hamilton, Ohio will help ensure that only the relevant records are provided, protecting your privacy while also proving your case.
Medical Expert Testimony
In some cases, your attorney may bring in medical experts to testify how the accident aggravated your pre-existing condition. Expert testimony can clarify the impact of the accident on your health and help refute claims that your injuries were solely due to prior conditions.
Common Pre-Existing Conditions That Can Affect a Personal Injury Claim
Certain pre-existing conditions are more commonly scrutinized in personal injury claims. Some examples include:
- Neck and Back Injuries: If you’ve previously suffered a neck or back injury, insurance companies may argue that your pain is unrelated to the accident. A personal injury lawyer in Hamilton, Ohio will help prove that the accident worsened these conditions.
- Arthritis or Joint Problems: Conditions like arthritis can make you more susceptible to injury. The defense may try to argue that your pain stems from arthritis rather than the accident itself.
- Chronic Pain Conditions: For individuals with conditions like fibromyalgia or chronic pain syndrome, it can be challenging to prove that an accident caused a significant aggravation. Insurance companies may also argue that other chronic conditions like diabetes undercut your ability to recover. Medical records and expert testimony will be essential in these cases.
How The Richards Firm, a Personal Injury Lawyer in Hamilton, Ohio, Can Help
Navigating a personal injury claim involving pre-existing conditions can be complicated. Insurance companies are skilled at using pre-existing conditions to reduce or deny claims, but The Richards Firm, a personal injury lawyer in Hamilton, Ohio, will know how to combat these tactics. The Richards Firm will:
- Collect and present medical records that prove the accident aggravated your pre-existing condition.
- Negotiate with insurance companies to ensure your compensation reflects the full extent of your injuries.
- Advocate for your rights in court, ensuring that your pre-existing conditions are considered fairly under the law.
Don’t Let Pre-Existing Conditions Undermine Your Claim—Work with The Richards Firm
Having a pre-existing condition doesn’t mean you aren’t entitled to compensation for injury, even aggravations, sustained in an accident. By understanding the legal complexities involved and working with The Richards Firm, a trusted personal injury lawyer in Hamilton, Ohio, you can ensure that your claim is handled fairly and that you receive the compensation you deserve.
We can be reached at 513-341-5413 or visit us at https://richardsinjuryfirm.com.
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