How Pre-Existing Conditions Impact Your Case: Insights From Personal Injury Attorneys in Cincinnati

If you’ve been involved in an accident in Cincinnati and have a pre-existing medical condition, you might be concerned about how this will impact your personal injury case. Many people worry that their past medical history will prevent them from obtaining fair compensation for new injuries. However, with the help of experienced personal injury attorneys in Cincinnati, you can navigate these complexities and ensure your rights are protected. In this post, we’ll explore how pre-existing conditions can influence your personal injury case and how attorneys work to secure the compensation you may be able to obtain.

1. Understanding Pre-Existing Conditions

A pre-existing condition is any medical condition or injury that you had before your current accident. These could include chronic issues like arthritis, previous back injuries, or even older fractures. Insurance companies often try to use pre-existing conditions as a reason to minimize or deny your claim, arguing that your injuries are not a result of the recent accident.

However, it’s important to understand that you can still pursue compensation if an accident has aggravated or worsened a pre-existing condition. Personal injury attorneys in Cincinnati know how to handle these situations to protect your interests and pursue fair compensation.

2. The “Eggshell Plaintiff” Doctrine

One important legal concept that comes into play with pre-existing conditions is the “eggshell plaintiff” doctrine. This doctrine essentially states that a defendant is liable for all the injuries they cause, even if the victim is more susceptible to injury due to a pre-existing condition. In other words, the fact that you had a pre-existing condition doesn’t excuse the at-fault party from being responsible for the new harm they caused.

For example, if you have a pre-existing back issue and are involved in a car accident that significantly worsens your condition, the person responsible for the accident may still be liable for the additional damage caused. A skilled personal injury attorney will leverage this doctrine to argue that you deserve compensation for all the injuries and complications caused by the accident, regardless of your prior condition.

3. Proving That the Accident Worsened Your Condition

To succeed in a personal injury claim involving a pre-existing condition, it’s crucial to prove that the accident worsened or aggravated your condition. This is where the experience of personal injury attorneys in Cincinnati comes into play. They will work to:

Gather Medical Evidence: Attorneys will gather medical records from before and after the accident to establish the baseline of your health and show how the accident made your condition worse.
Work With Medical Experts: Medical experts may be brought in to explain how the accident directly impacted your condition. They can provide detailed reports and testify about the severity of your injuries and how they differ from your previous state.

Your attorney will also work closely with your healthcare providers to ensure that your current treatment plan clearly reflects the worsening of your condition. This documentation is essential to build a strong case and counter arguments from insurance companies.

4. Dealing With Insurance Companies

Insurance companies are notorious for trying to reduce the value of claims involving pre-existing conditions. They might argue that your pain or injuries are solely related to your prior condition and not the recent accident. This is why having an experienced attorney is so critical.

Personal injury attorneys in Cincinnati understand how insurance companies operate. They will negotiate with insurers on your behalf, using medical records and expert opinions to prove the connection between the accident and your worsened condition. They will also push back against attempts to downplay the extent of your injuries or minimize your compensation.

5. The Importance of Full Disclosure

If you have a pre-existing condition, it’s important to be honest and transparent about it. Trying to hide a pre-existing condition can backfire, potentially harming your credibility and weakening your case. Your attorney will be able to build a stronger case if they have all the facts from the beginning.

By being open about your medical history, your attorney can anticipate the arguments that the insurance company might make and proactively gather evidence to refute them. Remember, having a pre-existing condition doesn’t mean you can’t receive compensation—it simply means your attorney will need to demonstrate how the accident made your condition worse.

6. Compensation for Worsened Conditions

When an accident aggravates a pre-existing condition, you may be able to obtain compensation for a variety of damages, including:

Medical Expenses: This includes costs for both emergency treatment after the accident and ongoing care for the aggravated condition.
Lost Wages: If your injuries prevent you from working, you may be able to recover compensation for lost income.
Pain and Suffering: Worsening a pre-existing condition can cause significant physical pain and emotional distress, and you may be able to obtain compensation for these non-economic damages.

Your attorney will work to calculate the full extent of your damages and fight for the compensation you need to cover both your economic and non-economic losses.

Take Action Today!

Pre-existing conditions can add complexity to personal injury cases, but they do not prevent you from seeking compensation if an accident has worsened your health. By working with personal injury attorneys in Cincinnati, you can navigate the legal system, prove the worsening of your condition, and secure the compensation you may be able to obtain.

At Bey & Associates, we understand the challenges of dealing with personal injury, especially when pre-existing conditions are involved. We are here to provide the guidance, support, and advocacy you need during this difficult time. If you or a loved one has been injured in an accident, don’t let concerns about pre-existing conditions hold you back from pursuing justice. Contact us today for a free consultation and let us help you move forward.