January 30, 2025
Personal injury cases with pre-existing conditions bring unique issues that law firms must address with care. Our law firm sees many cases where clients had health issues before their accidents. These cases need extra attention and proper documentation to prove how the accident made existing health problems worse or caused new injuries.
When we look at pre-existing conditions, we focus on two main things: how the accident changed the client’s health and how to prove these changes. Insurance companies often try to blame all problems on pre-existing conditions. Our job is to show clear links between the accident and new health issues or worse old ones.
Pre-existing conditions can include old injuries, chronic illnesses, or ongoing health problems. For example, a client with a bad back who gets in a car crash might have more back pain after the accident. Or someone with arthritis might find their symptoms get much worse after a slip and fall.
We need good medical proof to win these cases. This means getting all medical records from before and after the accident. We work with doctors who can explain how the accident made things worse. This medical proof helps us fight insurance companies that try to avoid paying fair compensation.
Initial Case Assessment and Documentation
When a client comes to our firm with pre-existing conditions, we start by getting all their medical records. This includes records from years before the accident. We look at doctor visits, treatments, medications, and any tests or scans.
We check how often the client saw doctors for their condition before the accident. We note what treatments worked and how well they could do daily activities. This gives us a clear picture of their health before the accident.
After the accident, we track all new symptoms and treatments. We compare these to the old records. This helps us show how the accident changed things. For example, if a client needed more pain medication or couldn’t work as much after the accident.
Medical records must show clear links between the accident and worse symptoms. We work with medical experts who review these records. They help explain how the accident affected pre-existing conditions in ways anyone can understand.
The “Eggshell Plaintiff” Doctrine
The “eggshell plaintiff” rule helps clients with pre-existing conditions get fair compensation. This rule says defendants must take plaintiffs as they find them. This means they’re responsible for all harm they cause, even if the plaintiff was more easily hurt because of pre-existing problems.
For example, if someone has weak bones from osteoporosis and breaks a hip in a minor fall, the person who caused the fall must pay for all damage. They can’t argue that someone with healthy bones wouldn’t have been hurt so badly.
We use this rule to protect clients with pre-existing conditions. Insurance companies often try to say injuries would have been minor without pre-existing conditions. But the law says this doesn’t matter. What matters is how the accident affected our specific client.
Medical Evidence and Expert Testimony
Medical experts play a key role in cases with pre-existing conditions. Our firm works with doctors who specialize in different types of injuries. They help explain complex medical issues in simple terms that judges and juries understand.
Expert doctors review all medical records and test results. They write reports that explain how the accident changed our client’s health. These reports show which problems came from the accident and which were already there. For example, they might use MRI scans from before and after the accident to show new damage.
We need different types of medical proof. This includes doctor’s notes, test results, and expert opinions. Sometimes we get 3D models or special medical images to show injuries clearly. This helps everyone see exactly what happened.
Medical experts also help fight insurance company doctors. Insurance companies often hire doctors who say everything is from pre-existing conditions. Our experts explain why this isn’t true. They use medical science and facts to support our clients.
Strategic Case Development
Building a strong case means showing clear before-and-after differences. We create detailed timelines that show how our client’s health changed after the accident. This includes changes in daily activities, work ability, and medical needs.
We look at all ways the accident made things worse. Maybe our client could work before but now needs more sick days. Or maybe they need new treatments they didn’t need before. We gather proof for each change.
Insurance companies often say problems would have happened anyway because of pre-existing conditions. We show why this isn’t true. We use medical records and expert opinions to prove the accident caused specific changes.
Sometimes we use day-in-the-life videos. These show how the accident changed our client’s daily life. This kind of proof helps others see real effects, not just medical records.
Insurance Company Negotiations
Insurance companies often try to pay less when clients have pre-existing conditions. They might say all problems came from old conditions. Or they might offer very low settlements hoping clients will take quick money.
We know these tactics and how to fight them. We show clear proof of new injuries or worse symptoms. We use medical experts and records to prove what the accident did. This makes it harder for insurance companies to deny fair payment.
Good documentation helps in negotiations. We keep detailed records of all medical treatment and costs. We track lost work time and other expenses. This shows the real cost of accident-related changes.
Sometimes we need to remind insurance companies about the “eggshell plaintiff” rule. We show them court cases where people with pre-existing conditions got fair compensation. This often helps get better settlement offers.
Client Communication and Management
We keep clients in the loop about their cases right from the start. In pre-existing condition cases, we explain what to expect and what we need from them. Clear talks help prevent surprises and build trust.
At the first meeting, we discuss all health conditions and past injuries. We explain why old medical records matter and how we’ll use them. We tell clients what proof we need and why insurance companies might fight their claims.
Clients help by telling us about all doctors they’ve seen and treatments they’ve had. We need to know about health issues from years ago, not just recent ones. This helps us get all important medical records.
We give regular updates about case progress. We explain what medical experts say and what insurance companies offer. When clients know what’s happening, they make better choices about their cases.
Legal Precedents and Case Law
Courts have made many decisions about pre-existing condition cases. These decisions help us know how to handle current cases. They tell us what proof we need and what arguments work best.
Past cases show that clients can win even with serious pre-existing conditions. Courts often side with injured people when accidents make old problems worse. This helps us fight for fair compensation.
Different states have different rules about pre-existing conditions. We know local laws and court decisions. This helps us build stronger cases that follow all legal rules.
Recent court decisions keep helping injury victims. Many courts say insurance companies can’t just blame everything on old conditions. They must pay for all new problems and anything that got worse.
Damage Calculations and Valuation
Working out fair compensation takes careful math when pre-existing conditions exist. We look at all new costs from the accident. This includes medical bills, lost work time, and future care needs.
We separate costs from pre-existing conditions and accident-related problems. For example, if someone needed some medicine before but needs more now, we calculate the extra cost. Or if they need new treatments they didn’t need before.
Future costs matter too. We work with medical experts to estimate future care needs. This might include more doctor visits, physical therapy, or help at home. We make sure all these costs go into settlement demands.
We also look at non-money losses. This includes pain, emotional stress, and life changes. Even if someone had some pain before, they deserve compensation for extra suffering after the accident.
Trial Preparation and Presentation
When pre-existing condition cases go to trial, we must prepare carefully. Juries need to see clear links between the accident and health changes. We use simple words and clear pictures to show what happened.
Our medical experts testify in ways anyone can understand. They explain how the accident affected our client’s health using everyday words, not medical jargon. They might use models or pictures to show injuries clearly.
We prepare clients to talk about their health before and after the accident. They explain how their life changed in their own words. This personal story helps juries understand real effects better than just medical terms.
We also get ready for insurance company tactics. They often try to confuse juries about pre-existing conditions. We prepare clear answers to their common arguments. This helps keep focus on accident-related changes.
Conclusion
Handling personal injury cases with pre-existing conditions takes special care and attention. Our firm knows how to build strong cases that get fair compensation. We use medical experts, good documentation, and proven legal arguments.
Success comes from showing clear connections between accidents and health changes. We fight insurance company tactics that try to blame everything on old conditions. Our experience helps clients get money they deserve for all accident-related problems.
Each case needs its own approach based on specific details. We keep learning about new court decisions and medical proof methods. This helps us keep getting good results in these complex cases.
Most importantly, we help clients through every step. From gathering old medical records to planning future care, we make sure they get the help they need. Our goal is fair payment for all accident-related changes, even with pre-existing conditions.