Pre-existing conditions refer to injuries, illnesses, or other medical conditions that a person had prior to a new accident or incident. These conditions can play a significant role in accident claims, often complicating matters and serving as points of contention. Here’s how they can impact your claim and what you should know:
The “Eggshell Plaintiff” Doctrine
The legal world often uses the term “eggshell plaintiff” to describe a situation where a person is already in a fragile state due to a pre-existing condition. The principle is that negligent parties must “take their victims as they find them.” In essence, just because someone was already vulnerable doesn’t mean the responsible party can escape liability if they exacerbate or aggravate that pre-existing condition.
2. Insurance Company Tactics
– Claims of Non-liability: Insurance companies might argue that the injuries for which a claimant seeks compensation are not a result of the recent accident but are instead due to a pre-existing condition.
– Reduced Compensation: The insurance adjuster might acknowledge the new injury but could argue that the damages should be less because the claimant was already suffering from a prior condition.
3. Demonstrating Aggravation of Pre-existing Conditions
The key is to demonstrate that the accident either aggravated a pre-existing condition or caused additional injuries. Medical documentation is pivotal here.
– Medical Records: A thorough review of medical records both before and after the accident can show how the incident impacted the pre-existing condition.
– Doctor’s Testimony: A physician can provide expert testimony explaining how the accident aggravated the pre-existing condition or caused new injuries.
4. The Importance of Full Disclosure
– Avoid Surprises: It’s essential to disclose any pre-existing conditions to your attorney from the outset. This way, they’re equipped to handle any arguments the insurance company might raise and aren’t caught off guard.
– Build Trust: Being upfront about pre-existing conditions helps establish credibility. If a court or the insurance company discovers undisclosed information, it can undermine your claim.
5. Comparative Analysis
A detailed analysis comparing your health status before and after the accident can be instrumental. This can include:
– Pain Diaries: Documenting daily pain levels, types of pain, and how they interfere with daily activities can help demonstrate the accident’s impact.
– Functional Impact: Illustrate how your functionality has changed post-accident, especially if the pre-existing condition was stable or manageable before the incident.
6. Considering the Jurisdiction
Laws and how courts treat pre-existing conditions can vary based on jurisdiction. Some jurisdictions may be more favorable to plaintiffs with pre-existing conditions, while others might be more stringent.
Pre-existing conditions undoubtedly add a layer of complexity to accident claims. However, with meticulous documentation, expert medical opinions, and a skilled attorney, claimants can navigate these challenges. It’s essential to remember that exacerbating an existing condition is a legitimate injury, and claimants should be fairly compensated for any additional pain, suffering, or loss of function stemming from a new incident.
If you have more questions or need expert assistance, consider reaching out to our experienced Mississippi car accident lawyer who can provide guidance tailored to your specific situation.
Don’t hesitate to call us today at (601) 969-2709 to receive your free consultation. We will evaluate your case and determine the best course of action to help you recover from your injuries and get your life back on track. We understand how difficult it can be to deal with the aftermath of an accident in Mississippi, and we are here to help. Call us today to speak with Attorney Bill Kellum and take the first step towards justice.
Kellum Law Firm, P.C.
1438 North State St.
Jackson, MS 39202
(601) 969-2709
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Kellum Law Firm, P.C.
617 Market St.
Port Gibson, MS 39150
(601) 590-9000
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