Do pre-existing conditions affect personal injury claims?
Do pre-existing conditions affect personal injury claims?
Pre-existing conditions are relevant to a personal injury case because they impact the amount of damages that a plaintiff may be able to recover. This means that he or she must show that your preexisting condition was the true cause of your injuries, or that your condition was not worsened by the defendant’s conduct.
What does exacerbation of existing conditions mean?
Doctors use the term “exacerbation” when they talk about a temporary flaring-up of a pre-existing medical condition, generally this is some form of arthritis. When a doctor states that you “have an exacerbation of pre-existing degenerative disc disease” it is just a way of saying that your arthritis has flared up.
Should you be liable for injuries caused by pre-existing medical conditions?
Even if the injuries suffered as a result of an accident are more severe due to a pre-existing condition, the defendant will still be liable for the injury caused. This is due to a well-established legal doctrine called the ‘eggshell skull’ rule.
How does an accident affect a pre-existing injury?
It’s important to note that accidents don’t always make pre-existing injuries worse. They can also exacerbate pre-existing medical conditions. Or, to put it another way, a pre-existing medical condition can enhance the effects of the accident. Some examples are:
Can a pre-existing injury prevent recovery of fair compensation?
The simple answer is that it can complicate things, but it should not prevent recovery of fair compensation in your personal injury case. While the possibilities are almost limitless, some of the most common pre-existing injuries include: It’s important to note that accidents don’t always make pre-existing injuries worse.
When to claim compensation for a worsened pre-existing condition?
When claiming compensation for a worsened pre-existing health condition or injury, it can be a little more complex when it comes to evaluating the level of compensation settlement you should expect to receive.
What happens if you have a pre-existing health condition?
For some, a pre-existing health condition is affected. Whether it’s an injury that had been suffered in the claimant’s past or an ongoing health problem, it can still have a big consequence upon their day-to-day life, their ability to work, earn money and look after themselves or their family properly.