Shaaban & Biedgoly
When pursuing a personal injury claim, pre-existing injuries can complicate the process and impact the compensation you receive. However, understanding how these injuries interact with your current claim and the role of the “egg-shell plaintiff” doctrine can help you navigate this complex situation.
Understanding Pre-Existing Injuries
Pre-existing injuries are any medical conditions or injuries that you had before the accident that led to your current personal injury claim. Common examples include chronic back pain, arthritis, previous fractures, or any long-standing medical conditions. When an accident exacerbates these pre-existing conditions, determining the compensation you are entitled to can become more intricate.
Impact on Compensation
One of the main challenges is distinguishing between the pre-existing injury and the new injury caused by the accident. Insurance companies and defense attorneys often argue that your current pain and suffering are due to your pre-existing conditions rather than the accident. In order to secure fair compensation following an accident, you and your attorney must demonstrate that the accident worsened your pre-existing condition. This typically requires detailed medical records, expert testimony, and sometimes a medical examination to provide evidence of the aggravation. In some cases, the court may apportion damages between your pre-existing condition and the new injury. This means they might only award compensation for the portion of the injury directly caused by the accident. It is important that you and your attorney clearly differentiate between any pre-existing condition and the injuries sustained in the accident.
The Egg-Shell Plaintiff Doctrine
The egg-shell plaintiff doctrine is a legal principle that plays a crucial role in personal injury claims involving pre-existing conditions. This doctrine asserts that defendants must take plaintiffs “as they find them.” In other words, if a person has a pre-existing condition that makes them more susceptible to injury, the defendant is still fully liable for all the consequences of their actions, even if those consequences are more severe than they would have been for a healthier person.
Key Aspects of the Egg-Shell Plaintiff Doctrine:
- Full Liability:
- Defendants cannot escape liability simply because the plaintiff had a pre-existing condition that made them more vulnerable. If their actions caused harm, they are responsible for the full extent of the injury.
- No Reduction in Compensation:
- Compensation should not be reduced because the injury was more severe due to the plaintiff’s pre-existing condition. The defendant must compensate for all additional harm caused.
- Focus on Aggravation:
- The critical factor is proving that the defendant’s actions aggravated the pre-existing condition, resulting in greater harm than the plaintiff would have otherwise suffered.
Navigating Pre-Existing Condition Issues
To effectively navigate a personal injury claim with pre-existing conditions, your attorney will (or at least they should) consider the following:
- Comprehensive Medical Documentation:
- Ensure you have thorough medical records documenting your pre-existing conditions and the extent to which the accident aggravated them. Consistent treatment and detailed medical notes are crucial. If your medical records can clearly articulate that the accident in question worsened your condition, it becomes more difficult for the insurance companies and defense attorneys to discredit your injuries.
- Expert Testimony:
- Engage medical experts who can testify about how the accident specifically worsened your condition. Their professional opinion can be pivotal in proving your case when coupled with thorough medical records.
Pre-existing injuries can complicate personal injury claims, but understanding how they affect your compensation and leveraging the egg-shell plaintiff doctrine can help you secure fair compensation. By meticulously documenting your injuries, seeking expert testimony, and working with knowledgeable legal professionals, you can navigate the complexities of your claim and ensure that you are adequately compensated for the full extent of your injuries. Remember, the key is not to let pre-existing conditions deter you from seeking justice and the compensation you deserve.