How Personal Injury Attorneys Handle Cases with Pre-Existing Conditions

Personal injury attorneys are legal professionals who specialize in helping individuals recover compensation after they’ve sustained injuries due to the negligence or intentional acts of others. These attorneys play a crucial role in ensuring that victims receive fair and just compensation for their injuries, pain, and suffering. However, when a client has a pre-existing condition, the case can become more complex.

A pre-existing condition is any medical condition that existed before the accident or incident that led to the personal injury claim. This could be anything from a previous back injury to chronic conditions like diabetes or heart disease. The presence of such conditions often complicates matters because insurance companies and defendants may argue that these existing issues are actually responsible for the victim’s current health problems rather than the incident in question.

In handling cases with pre-existing conditions, personal injury attorneys must first thoroughly understand their client’s medical history. They need to gather comprehensive medical records and potentially consult with healthcare providers to gain insight into how this prior health issue could impact their client’s current situation.

Once they have a clear understanding of this context, lawyers then strategize on how best to present this information during negotiations or litigation. They must effectively demonstrate that while their client had an existing condition, it was indeed exacerbated by the accident caused by another party’s negligence or wrongdoing.

One common strategy used by personal injury attorneys is known as “the eggshell plaintiff” doctrine. This principle asserts that defendants must take plaintiffs as they find them – meaning if an individual was particularly susceptible to certain types of injuries because of their pre-existing condition, it doesn’t absolve defendants from liability if those injuries were aggravated due to their actions.

Another approach involves proving causation – showing there’s a direct link between the defendant’s actions and worsening of your pre-existing condition – through expert testimony from medical professionals who can attest how an accident might affect someone with your specific ailment differently than someone without it.

However challenging these cases may be, experienced personal injury attorneys are skilled at navigating these complexities. They understand how to effectively communicate the impact of an accident on a client with pre-existing conditions and fight diligently to ensure their clients receive the compensation they deserve.

In conclusion, personal injury cases involving pre-existing conditions require careful handling and expertise. The goal is to establish that despite the presence of a prior medical condition, it was the defendant’s actions that led to further harm or deterioration of health. With their deep understanding of legal principles and strategies, personal injury attorneys play an essential role in advocating for victims with pre-existing conditions in their pursuit for justice and fair compensation.

Munley Law Personal Injury Attorneys
227 Penn Ave, Scranton, PA 18503
15708654699