If you were recently injured in a car accident and had a pre-existing injury, you might wonder whether you can still recover compensation and how the pre-existing injury may impact your personal injury claim.
What Is a Pre-Existing Injury?
A pre-existing injury is any injury that you had before the accident occurred. This could be due to another personal injury, such as a slip and fall in a store or an on-the-job injury or a medical condition such as arthritis.
What Is the Eggshell Plaintiff Doctrine?
The eggshell plaintiff doctrine is based on an imaginary plaintiff who has a head as thin as an eggshell. This plaintiff is particularly susceptible to injury. According to this doctrine, the plaintiff still has a right to recover compensation. The defendant must take the plaintiff as they find them, and the plaintiff’s vulnerability should not excuse the defendant’s negligence.
This doctrine helps support personal injury claims when plaintiffs have pre-existing injuries. If you have been injured before, that part of the body may be more susceptible to injury. However, this does not mean the defendant is not responsible for aggravating your existing injuries.
Can I Recover Compensation If I Have a Pre-Existing Injury?
You can recover compensation even if you have a pre-existing injury if the accident caused new injuries or aggravated your existing condition.
How to Handle Pre-Existing Injury Claims
You might be hesitant to mention your pre-existing condition to your healthcare team because you are afraid that you can’t recover compensation. After all, this is a myth that insurance companies perpetuate. However, it’s vital that you tell your doctors about your pre-existing injury so your condition can be properly diagnosed and treated and so that your medical records are consistent. This will help aid in your credibility when pursuing a personal injury claim.
Medical documentation is crucial when handling pre-existing injury claims. You will want to be able to differentiate between your injury before and after the accident. Your medical records may be able to show how the degree of your injury before the accident based on your symptoms compared to how they were after the accident. This may be possible through doctor’s notes, pain scales, new symptoms, and the need for new medical treatments.
You can also use a daily journal to document your symptoms and compare them to your previous symptoms. You might note that you are unable to perform household chores, activities of daily living, or favorite pastimes due to the accident.
Contact an Experienced Colorado Injury Lawyer for Legal Assistance
An experienced car crash lawyer can work with you and your medical providers to document the full extent of your injuries and how any pre-existing injuries were impacted by the accident. They can request, review, and share relevant medical documentation to help prove your injuries.
Contact Dulin McQuinn Young today for a free consultation to discuss your situation in confidence.