Can a Pre-Existing Condition Hurt My Car Accident Case? 

Understanding Pre-Existing Conditions

Pre-existing conditions refer to a medical issue or injury that existed before the car accident. This could include chronic illnesses like diabetes or arthritis, previous injuries like a herniated disc or broken bone, or even mental health conditions such as anxiety or depression. These conditions are documented in your medical history, which insurance companies and legal teams will scrutinize closely.

Impact on Your Settlement

The existence of a pre-existing condition doesn’t automatically disqualify you from receiving compensation. However, it does introduce additional complexities to your case. Insurance companies will often downplay the severity of new injuries by attributing them to your pre-existing condition. This tactic, known as the "eggshell plaintiff" doctrine, may reduce the amount of compensation you receive. To counter this, thorough documentation and expert medical testimony are required. You will need to demonstrate how the car accident exacerbated your pre-existing condition or caused new injuries. Medical records, doctors' notes, and any diagnostic tests performed after the accident can provide this necessary evidence. A personal injury attorney will work closely with medical professionals to build a strong case that differentiates between your prior condition and the injuries sustained from the accident.

Proving Aggravation of Pre-Existing Conditions

Aggravation refers to the worsening or intensification of a pre-existing injury due to the car accident. Proving this can be challenging, as it requires clear and convincing medical evidence. Your auto accident lawyer will likely enlist the help of medical professionals who can provide a detailed analysis of your condition before and after the accident. These experts can testify how the accident specifically worsened your pre-existing condition, which can be pivotal in securing fair compensation. The more comprehensive the medical evidence, the stronger your case will be.

Importance of Full Disclosure and Accurate Medical History

One of the most important things you can do is to be completely honest about your medical history. Full disclosure is essential for building a credible case. Concealing a pre-existing condition can backfire, leading to questions about your honesty and potentially harming your case. Your car accident attorney will need to know every detail about your medical history to prepare effectively. They can then anticipate the tactics the insurance company might use and counter them with factual evidence and expert testimony. Remember, honesty is the best policy when it comes to legal matters.

Maximizing Your Compensation: Legal Strategies

Given the potential hurdles introduced by a pre-existing condition, having a skilled personal injury lawyer on your side is a must. Here are some strategies that can help maximize your compensation:

• Comprehensive Medical Evaluation: Undergo a thorough medical examination immediately after the accident to document all injuries and how they differ from your pre-existing conditions.
• Expert Testimony: Utilize medical experts who can articulate the effects of the accident on your pre-existing condition and provide a clear distinction between old and new injuries.
• Detailed Documentation: Maintain meticulous records of all medical treatments, doctor visits, and any changes in your condition. 
• Negotiation Skills: A personal injury attorney will be able to negotiate with insurance companies and can push back against attempts to minimize your compensation.
• Trial Preparedness: Be prepared to take your case to trial if necessary. Sometimes, the threat of a trial can motivate insurance companies to offer a fair settlement.

Do You Need Help From a Local Auto Accident Lawyer?

Dealing with a car accident is challenging enough without the added complication of a pre-existing condition. At the Law Offices of Andrew Zeytuntsyan, we are dedicated to ensuring that your pre-existing conditions do not unfairly impact your compensation. If you or a loved one has been involved in an accident and have a pre-existing condition, reach out to us. Our team is ready to provide the support you need. Contact us today for a consultation with a car accident attorney in Hawthorne, and let us help you on your path to recovery.