Managing Partner
If someone was perfectly healthy before getting into an accident, it is relatively easy to link the accident to the victim’s personal injuries. When someone was previously injured before getting into an accident, however, their pre-existing injuries can make the claim more complicated.
Were you in an accident, but had injuries or health problems beforehand? How can these pre-existing conditions affect your case, and how can a Long Island personal injury lawyer help you? The attorneys of Dell & Dean PLLC take a look.
Common Pre-Existing Conditions
New York personal injury law protects individuals who have medical histories and allows them to take legal action against at-fault parties. In other words, merely having a pre-existing condition does not somehow negate a person’s legal liability if they cause the victim to suffer another accident.
A pre-existing condition is any injury, disease, or health condition that someone has before the incident (such as a car crash) that is the subject of their current Long Island claim. These are some common pre-existing injuries that people have:
- Back injury
- Limited mobility
- Spinal cord injury
- Soft tissue injuries
- Degenerative disc disease
- Arthritis
- Broken bones
- Respiratory conditions
- Mental health problems
- Chronic disease or illness
At-fault parties who become aware of these and other pre-existing conditions may try to blame those for the current problems the victim is experiencing. But Long Island victims have the right to take legal action against them.
The Eggshell Plaintiff Rule in New York
A legal doctrine known as the eggshell plaintiff rule makes a defendant liable for a plaintiff’s injuries, even if the plaintiff is more susceptible to injury because of a pre-existing condition. This means the defendant must deal with the plaintiff as the plaintiff really is, not as an ideal or perfectly healthy individual might be.
Consider an example involving a person who suffered a back injury due to a workplace accident several years ago. Later, the defendant rear-ends this person in a Long Island car crash, and worsens their back injury. The defendant is responsible for causing additional harm to the victim, despite their pre-existing condition.
How You Can Protect Your Legal Rights
If you had a pre-existing condition before your most recent accident, there are some steps you can take to protect your right to compensation.
Understand your burden of proof
It is your obligation, as the plaintiff and victim in a legal action, to prove that the accident made your condition worse (aggravated it). This includes establishing your baseline medical condition and proving causation, which is a required element of a Long Island personal injury claim. Once you have shown causation, you need to demonstrate that the defendant’s actions exacerbated your pre-existing condition.
Document your pre-existing condition
Medical doctors and expert witnesses should review relevant medical documents that pertain to your medical history, such as X-rays, test results, and doctors’ notes. Using these, your doctors and witnesses should be prepared to explain the natural progression of your prior condition and how the accident made it worse. This enables them to explain that what you are experiencing now is separate and distinct from your prior condition.
Be transparent with your attorney
Trying to hide your pre-existing condition is not going to help you, and the at-fault party, their insurers, and their lawyers will find out about it. Be open and honest with your attorney about the condition, and then let your attorney do their job. Full disclosure allows your lawyer to make the strongest arguments for the monetary damages you deserve.
Let your attorney deal with the insurance companies
Insurers will try to blame all medical symptoms, pain and suffering, and health complications on your pre-existing condition. This is where you need a skilled Long Island personal injury lawyer to contest the insurance companies and their attempts to underpay or deny your claim. If your attorney is not able to reach a settlement, they can take your case to trial.
At Dell & Dean PLLC, we understand the role that your medical history will play in your current legal claim. We’re here to fight for a fair amount of compensation for your injuries. Connect with us now to begin working on your claim.
