How Your Pre-Existing Medical Condition Can Affect Your Personal Injury Claim

If you suffer an injury from a car accident or someone’s negligence, you may be able to bring a personal injury claim against the person at fault. Filing and winning a personal injury claim can be a difficult process. Insurance companies often look for ways to avoid paying or reducing compensation amounts. If you have a pre-existing medical condition, an insurance company may try to use it against you. Here is what you need to know on how your pre-existing medical condition can affect your personal injury claim.

Importance of Detailed Medical Records

Detailed medical records about your pre-existing medical condition are incredibly important when it comes to your personal injury claim. The defendant’s insurance company may claim that your injuries were not created from the accident, but from your pre-existing medical condition. This can significantly reduce the amount of compensation you can receive. Detailed medical records can provide evidence of your pre-existing medical condition and how the accident affected it.

You may be asked to sign medical release forms. It is important that you do not share your medical records with the defendant’s insurance company without first consulting an attorney. The insurance company may use these records to build a case against you with your personal injury claim. Let your attorney handle discussions with the insurance company.

Eggshell Skull Rule Doctrine

The Eggshell Skull Rule Doctrine can protect you in a personal injury claim when you have a pre-existing medical condition. The doctrine states that the frailty of a victim cannot be used against them. The rule comes from an imaginary case to illustrate its core concept. If a victim’s skull was as thin as an eggshell, it would be more susceptible to injury. The person who caused an injury to this person would still be liable, even if they were unaware of the victim’s condition.

Protect Your Personal Injury Claim

If you or a loved one has suffered an injury from someone else, you need a dedicated, experienced lawyer to advocate for you. Moriarty Injury Lawyer can help protect you with a personal injury claim if you have a pre-existing condition. Request a free consultation to discuss your personal injury claim today.