When it comes to personal injury claims, understanding the impact of pre-existing conditions is crucial for injury victims hoping to maximize their financial recovery. Whether you’ve been injured in a car accident, slip and fall, or any other incident caused by the negligence of another, pre-existing conditions can significantly affect your claim and the compensation you receive. However, you should not give up on a negligence claim simply because you have a pre-existing condition, and you should certainly not take the word of the insurance company regarding how your pre-existing condition affects your claim. Read on to gain a basic understanding of what a pre-existing condition means for your personal injury claim. If you’ve been hurt in a car accident, slip and fall, construction accident, or other injury in The Bronx caused by another party’s negligence, contact the Kohn Law Firm for a free consultation with a dedicated and successful Bronx personal injury lawyer.
What Is a Pre-Existing Condition?
Pre-existing conditions refer to any health issues or injuries that existed before the accident or incident in question. They can range from chronic illnesses to prior injuries or even temporary health concerns. Understanding the nature and history of your pre-existing condition is vital for building a strong personal injury claim.
The Impact of Pre-Existing Conditions on the Critical Element of Causation
One of the key elements in proving a negligence claim is proving causation, i.e., demonstrating that the other party’s negligence was the legal or “proximate” cause of your injury as well as the “cause in fact” or actual cause of your injury. Insurance companies and defense lawyers often argue that your current injuries are a result of your pre-existing condition rather than being caused by the accident itself. First of all, your attorney will conduct a thorough investigation and consult with medical experts as necessary to determine whether your injury is new or related to a pre-existing condition. Additionally, if your pre-existing condition was aggravated or worsened in any way by the recent accident, you can recover compensation for the extra harm you have suffered due to the other party’s negligence. Proving this additional injury can be complicated and require the help of an experienced personal injury lawyer.
Determining Compensation
Pre-existing conditions can also influence the compensation awarded in a personal injury claim. Insurance adjusters may argue that you should receive less compensation due to the pre-existing condition. However, under New York law, you are entitled to recover damages for the exacerbation (worsening) of your pre-existing condition caused by the accident. An experienced personal injury attorney can help you navigate this aspect and ensure that you receive fair compensation for the additional harm suffered.
The “Eggshell Plaintiff” in New York Personal Injury Law
In New York and The Bronx, injury victims with pre-existing conditions are protected by the “Eggshell Plaintiff Doctrine.” This legal principle states that a defendant is responsible for the full extent of the injury they caused, even if it is more severe due to the victim’s pre-existing condition. The responsible party cannot use the pre-existing condition as a shield to minimize their liability.
Building a Strong Personal Injury Claim With a Pre-Existing Condition
To maximize your chances of success and full compensation, you can take several crucial steps when dealing with a personal injury claim involving a pre-existing condition:
- Seek Medical Attention: Ensure you receive immediate medical attention after the incident, even if you believe your pre-existing condition is responsible for your injuries. Proper medical documentation is crucial to establish the link between the accident and the exacerbation of your pre-existing condition.
- Gather Evidence: Collect all relevant evidence related to the incident, including accident reports, witness statements, photographs, and any medical records that highlight the progression or worsening of your pre-existing condition.
- Consult an Experienced Personal Injury Attorney: Engage the services of a skilled personal injury attorney who is experienced in handling cases involving pre-existing conditions. They will have the knowledge and expertise to build a strong claim and navigate the complexities of the legal process.
Call the Kohn Law Firm for Help With Personal Injury Claims in The Bronx
Understanding the impact of pre-existing conditions on personal injury claims is crucial for injury victims. While these conditions can complicate the process, having a comprehensive understanding of the legal principles involved and working with a knowledgeable attorney can help you seek the compensation you deserve. Remember, you have rights, and with the right guidance, you can protect those rights and hold the negligent party accountable for their actions.
If you have been injured in an accident caused by someone else’s negligence in The Bronx, do not hesitate to consult with a personal injury attorney from Kohn Law Firm. Call 718-409-1200 for a free consultation. There’s no fee until we win compensation for you.