The Effect of Pre-Existing Medical Conditions on an Injury Claim
When it comes to personal injury claims in Oklahoma, one of the most significant factors that can affect the outcome of your case is whether you have a pre-existing medical condition. A pre-existing medical condition refers to any health issue you had before the accident occurred. This could include chronic conditions like arthritis, previous injuries, or ongoing medical treatments.
These conditions can complicate the process of securing fair compensation for your injuries, as insurance companies often use them to minimize or deny claims. The challenge arises when the insurance company tries to argue that your current injuries are simply a continuation or aggravation of your pre-existing condition rather than the result of the accident.
At The Handley Law Center, our team of experienced personal injury attorneys have seen how these situations unfold and understand the strategies needed to protect your rights. It’s essential to understand how Oklahoma law treats these situations and how you can still pursue a fair settlement despite having a pre-existing condition.
The Eggshell Plaintiff Doctrine
In Oklahoma, the law recognizes what’s known as the "eggshell plaintiff" doctrine. This legal principle states that a defendant must take a plaintiff as they find them, meaning that if you have a pre-existing condition, the defendant is still responsible for any new injuries or the worsening of your condition caused by the accident.
This doctrine is crucial in personal injury cases because it prevents defendants from escaping liability simply because the plaintiff had a vulnerability.
However, while the eggshell plaintiff doctrine offers protection, it doesn’t eliminate the need to carefully document how the accident specifically aggravated your condition. Insurance companies will often argue that your current symptoms are merely a continuation of your previous medical issues rather than a result of the accident.
As personal injury attorneys, we work to gather comprehensive medical evidence and professional testimony to show how the accident directly impacted your health, making sure that your pre-existing condition doesn’t become a barrier to receiving the compensation you deserve.
Proving Causation in Cases Involving Pre-Existing Conditions
Proving causation is a critical aspect of any personal injury case, but it becomes even more important when pre-existing conditions are involved. To secure compensation, you must demonstrate that the accident directly caused your new injuries or significantly worsened your pre-existing condition. This requires detailed medical records, professional opinions, and sometimes testimony from your healthcare providers.
One of the challenges in these cases is distinguishing between the symptoms caused by your pre-existing condition and those resulting from the accident. For example, if you have a history of back pain but were involved in a car accident that exacerbated your condition, it’s necessary to show how the accident made your symptoms worse.
We often work closely with medical professionals who can provide detailed explanations of your condition before and after the accident, helping to establish a clear link between the accident and your current medical state.
Dealing With Insurance Companies
Insurance companies are notorious for trying to reduce the amount they have to pay out in claims, and they often focus on pre-existing conditions as a way to minimize their liability. They might request your complete medical history and attempt to argue that your injuries aren't as severe as you claim because of your pre-existing condition.
It’s not uncommon for them to present lowball settlement offers or deny claims outright based on this reasoning.
As personal injury attorneys, we’re well aware of these tactics and know how to counter them effectively. We take a proactive approach by thoroughly reviewing your medical records, working with your doctors, and obtaining the necessary documentation to build a strong case.
Our goal is to show that while you may have had a pre-existing condition, the accident caused significant new injuries or worsened your existing condition, warranting fair compensation.
The Importance of Full Disclosure
When pursuing a personal injury claim in Oklahoma, it’s crucial to be completely honest and transparent about your medical history. Failing to disclose a pre-existing condition can damage your credibility and harm your case. It’s better to openly address these conditions and focus on how the accident has impacted your health rather than trying to hide them.
Providing full disclosure also allows us to build a stronger case on your behalf. By acknowledging your pre-existing condition from the outset, we can work to demonstrate how the accident exacerbated your injuries. This approach not only strengthens your claim but also helps to counter any arguments the insurance company might make regarding your medical history. We’re committed to guiding you through this process and making sure that your case is presented in the best possible light.
Potential Challenges in Personal Injury Claims With Pre-existing Conditions
While the law provides protections for individuals with pre-existing conditions, there are still challenges that can arise in these cases. One common issue is the difficulty in distinguishing between the symptoms of a pre-existing condition and those caused by the accident. This is where detailed medical records and professional testimony become invaluable, helping to clarify the impact of the accident on your health.
Another challenge is the perception that a pre-existing condition somehow reduces the value of your claim. Insurance companies might argue that because you already have a medical issue, your injuries aren't worth as much in terms of compensation.
As personal injury attorneys, we work to dispel this notion by emphasizing the legal principle that the defendant is responsible for the full extent of the harm caused by the accident, regardless of your prior health condition.
The Role of a Personal Injury Attorney
Traversing a personal injury claim involving a pre-existing condition can be a complicated and stressful process. The involvement of insurance companies, the need for detailed medical evidence, and the legal arguments required can all be overwhelming.
Our role as experienced personal injury attorneys is to advocate for your rights and fight for the compensation you deserve. We understand the tactics used by insurance companies to minimize claims, and we know how to build a strong case that addresses the challenges posed by pre-existing conditions.
From gathering evidence to negotiating with insurers and, if necessary, representing you in court, we’re committed to achieving the best possible outcome for your case.
Contact a Personal Injury Attorney
Having a pre-existing medical condition doesn’t disqualify you from pursuing a personal injury claim in Oklahoma. While these conditions can complicate the process, they don’t negate your right to seek compensation for injuries caused by an accident.
It’s important to understand how Oklahoma law treats pre-existing conditions and to work with a knowledgeable personal injury attorney who can help you traverse the legal challenges involved.
If you’ve been injured in an accident and have a pre-existing condition, don’t let that stop you from seeking the compensation you deserve. Contact us today to discuss your case and learn how we can help you protect your rights and secure a fair settlement. We serve clients in Canadian County, Oklahoma and throughout Oklahoma County, Custer County, Blaine County, Kingfisher County, and Caddo County.