When you are injured due to an accident or another party’s negligence, the path to seeking compensation can often be complicated. This is especially true when you have pre-existing conditions that may impact your recovery. While these conditions do not necessarily prevent you from seeking compensation, they can affect the outcome of your personal injury claim in significant ways.
Understanding how pre-existing conditions and personal injury claims in Minnesota interact is crucial for anyone who is dealing with an injury and has a history of medical issues. It is essential to know how pre-existing conditions affect injury lawsuits and how you can protect your legal rights when pursuing a claim for compensation.
What Are Pre-existing Conditions?
Pre-existing conditions are medical issues or injuries that existed before a new injury occurs. These can include chronic conditions such as arthritis, back pain, previous fractures, or any long-standing health issue that requires ongoing care. In personal injury claims, pre-existing conditions can become a focal point in determining how the new injury affects your overall health, recovery, and financial compensation.
It’s important to note that pre-existing conditions do not automatically disqualify you from receiving compensation. However, they can complicate the case, especially when the defense argues that your injury was not caused by the accident but by the pre-existing condition.
How Pre-existing Conditions Affect Lawsuits
The presence of pre-existing conditions can complicate personal injury lawsuits in several ways. The defense may attempt to argue that your injury was exacerbated by the pre-existing condition and not caused by the accident itself. This often results in a dispute over the extent to which the accident worsened your condition or caused new injuries.
For example, if someone with a pre-existing back injury is in a car accident and experiences back pain as a result, the defendant might claim that the pain is simply a flare-up of the old injury, not a new or aggravated injury caused by the accident. This is where your personal injury attorney’s experience is critical. They will need to gather substantial evidence to prove that the accident directly contributed to the worsening of your condition or caused a new injury.
To prove your case, medical evidence is essential. Your attorney will work with medical professionals to document the nature of your pre-existing condition, how it interacts with the current injury, and how the accident specifically contributed to worsening your condition. In some cases, experts will testify to explain how the trauma from the accident exacerbated the pre-existing injury, leading to new pain, disability, or complications.
Insurance Claims for Pre-existing Injuries
When filing an insurance claim after an incident, insurance companies may argue that your condition was a result of the prior injury or health issue rather than the current accident. Insurance adjusters might use this argument to minimize the amount of compensation they offer or deny your claim entirely. However, under the law, insurance companies must compensate you for the actual damages caused by the accident, including the aggravation of your pre-existing condition.
In the context of pre-existing conditions and injury claims, insurers often apply what is called the “take-your-victim-as-you-find-them” rule. This means that even if you had a pre-existing condition, you are still entitled to compensation for the full extent of the harm caused by the accident. The key point here is proving that the accident made the condition worse. You may not be compensated for the condition itself but rather for the additional harm caused by the accident.
For example, if you had a shoulder injury before and were involved in a car accident that worsened your shoulder pain, you may still be entitled to compensation for the additional pain, treatment, and possible surgery needed due to the aggravation of that injury. Insurance companies are obligated to compensate you for the full scope of your injury, even if a pre-existing condition is involved.
Personal Injury Settlements and Prior Injuries
Personal injury settlements and prior injuries can be a challenging combination to navigate. When negotiating a settlement, the defense will often argue that the amount of compensation should be reduced because your injury was partly or wholly due to a pre-existing condition. However, the law requires that you be compensated for the full extent of the damage caused by the accident.
It’s important to know that pre-existing conditions can sometimes lead to a higher settlement amount, particularly when the defendant’s actions significantly aggravated the prior injury. In these cases, a well-prepared personal injury lawyer can help you obtain a more substantial settlement by proving that the accident caused significant and additional harm to your pre-existing injury.
Settlements typically factor in:
- Medical Expenses: The cost of additional medical care required due to the accident.
- Pain and Suffering: Compensation for the physical and emotional pain caused by the accident, including the aggravation of a pre-existing injury.
- Lost Wages: If the injury causes you to miss work, you may be compensated for lost wages, even if your pre-existing condition also impacted your ability to work.
- Future Damages: This includes any ongoing care you might need and future pain and suffering if your condition worsens due to the accident.
In a personal injury settlement, the amount of compensation for pre-existing conditions will largely depend on how much the accident contributed to the worsening of your condition.
Protecting Your Right to Fair Compensation
While dealing with a pre-existing condition in a personal injury claim can be complicated, you still have the right to seek fair compensation for the injuries caused by an accident. The key to a successful claim is proving that the accident exacerbated your condition and resulted in new harm, pain, or disability. An experienced personal injury attorney at Sieben Edmunds Miller will guide you through this complex process, ensuring you are fairly compensated for all the damage done, even if a pre-existing condition is involved.
If you have been injured in an accident and are concerned about how your pre-existing condition may impact your claim, don’t hesitate to seek legal advice. Contact our personal injury attorneys so we can help you understand your rights and advocate for your best interests throughout the legal process. Your injury should not prevent you from receiving the justice and compensation you deserve, and with the right legal representation, you can ensure that your pre-existing condition does not stand in the way of your fair compensation.
