Get Around Dealing with Pre-Existing Conditions in a Personal Injury Case

You can sustain severe and even life-threatening injuries when you are in any type of motor vehicle accident. Your life can drastically change, and you often have to fight for monetary recovery when the accident is not your fault.



Insurance companies often attempt to minimize the value of claims and will often look for loopholes to do so. Often, insurance company will look to blame your injuries on pre-existing conditions, but you and your accident attorney can overcome this.

Acknowledge the Condition

Many people have pre-existing conditions. Yours may be an illness or a previous accident injury. Regardless of your ailment, acknowledge your situation and disclose your current medical status regarding the infirmity.

Not acknowledging your condition may make it look like you tried to hide it and can negatively impact your case.

Once a lawsuit has been filed, the insurance company's attorneys will request and review your medical records looking for medical diagnoses before the accident. The insurance company will look to see whether your current medical state was arguably due to a prior injury. You should never try to hide a prior injury. It will only hurt your case in the long run.

Use Your Medical Records to Your Advantage

Instead of allowing the insurance company to use your medical records against you, use your past medical records to strengthen your case. Your medical records can do the following:

• Confirm your prior or pre-existing conditions
• Show the status of your pre-existing illness before the accident
• Allow both sides to review your sustained injuries
• Enable a review by expert witnesses you may call in your case

Ensure that your attorney has full access to any relevant medical records before and after the accident. They can access your documents on your behalf once you provide written authorization.

Counter With the Eggshell Plaintiff Doctrine

Instead of allowing the insurance company to use your pre-existing condition against you, you and your attorney may be able to use it in your favor by countering with the eggshell plaintiff doctrine.

The eggshell plaintiff doctrine states that a defendant "takes their victim as they find them." This doctrine means that even if you have a pre-existing illness that makes you more susceptible to injury, the defendant is still responsible for the full extent of your injuries.

For example, if you have had a previous car accident in which you damaged your knee, you may have had a prior knee replacement. If you injured the same knee in a recent accident and cracked the hardware in your knee that now needs replacing, the current defendant is fully responsible for your current treatment.

At Jarve Granato Starr LLC, we have many years of experience representing victims in personal injury cases. We know how to get around any arguments the insurance company may present about your pre-existing condition. We will ensure you receive the medical services and compensation you rightly deserve.

Give us a call today to schedule an appointment for us to review your case with you. We look forward to helping you with your personal injury case.