Pre-Existing Medical Conditions Effect on an Injury Claim
Living your daily life with an injury is already physically and emotionally exhausting. When you are injured due to someone else's negligence, it can make your injuries worse, leaving you with larger medical bills with added stress.
Filing a personal injury claim in Colorado can already be an intricate process, but it becomes even more complicated when pre-existing medical conditions are involved.
Fortunately, our attorney at the Law Offices of Malcolm B. Seawell has the compassion and experience to guide you in the right direction when seeking compensation.
We are located in Denver, Colorado, and proudly serve clients throughout the Denver Metro area including Aurora, Golden, Lakewood, Arvada, Boulder, Brighton, Englewood, Castle Rock, Littleton, and Highlands Ranch.
Common Pre-Existing Conditions
Pre-existing conditions refer to any medical issues that existed before the accident occurred. These could range from chronic illnesses like diabetes to previous injuries such as a broken limb. While these conditions do not preclude you from filing a personal injury claim, they do present unique challenges.
When filing a personal injury claim, it is important to be aware of how pre-existing conditions can interact with your new injuries. Some common pre-existing conditions include:
Arthritis
Diabetes
Hypertension
Previous fractures or broken bones
Chronic back pain
Cardiovascular diseases
Respiratory conditions such as asthma or COPD
Psychological conditions such as depression or anxiety
Previous surgeries or medical procedures
Degenerative disc disease in the spine
Understanding the impact of these conditions on your injury claim can help you better prepare and present your case, ensuring that you receive the compensation you deserve.
The "Eggshell Plaintiff" Doctrine
Colorado adheres to the "eggshell plaintiff" doctrine, a legal principle that requires defendants to take plaintiffs as they find them. This doctrine is crucial in personal injury cases as it emphasizes that a defendant cannot escape liability simply because the plaintiff had a pre-existing condition that made them more susceptible to injury.
In essence, if a plaintiff has a pre-existing condition, such as a previous injury or illness, and that condition is exacerbated due to the defendant's actions, the defendant is still fully liable for the resulting harm.
The metaphor of the "eggshell plaintiff" comes from the idea that some individuals are as fragile as an eggshell. Even if a minor impact causes significant damage due to a pre-existing condition, the defendant is responsible for all the resulting injuries.
For instance, imagine a plaintiff with a prior back injury getting into a car accident caused by a negligent driver. If the accident worsens the plaintiff's back injury, the negligent driver cannot argue that they should only be responsible for the damages caused to a "normal" person without such a susceptibility.
They must compensate the plaintiff for the full extent of the injury, including any aggravation of the pre-existing condition.
This doctrine ensures that plaintiffs receive fair compensation for their injuries, regardless of their physical vulnerabilities.
It underscores the importance of defendants exercising caution and responsibility, knowing they could be held fully accountable for the harm they cause, even if it is more severe due to the plaintiff's unique health circumstances.
Proving Aggravation of Pre-Existing Conditions
One of the critical aspects of your claim will be proving that the accident aggravated your pre-existing condition. To do this, you'll need to provide:
Medical Records
Before the accident: Gather all relevant medical records that detail your health status before the incident. This includes physician notes, diagnostic tests, and treatment plans that were in place.
After the accident: Collect comprehensive medical documentation post-accident, including emergency room records, follow-up visits, new diagnostic tests, and any new treatments or medications prescribed. This helps to establish a clear contrast in your health status.
Expert Testimony
Medical experts: Obtain statements from qualified medical professionals who have examined you both before and after the accident. These experts should provide detailed explanations of how the accident specifically worsened your pre-existing condition.
Specialists: If applicable, get opinions from specialists in the relevant field (e.g., orthopedic surgeons, neurologists) who can give a more nuanced view of the exacerbation.
Supporting evidence: Experts should ideally refer to medical literature or similar case studies to support their testimony on how such aggravation is medically plausible.
Clear Timeline
Pre-Accident condition: Create a detailed timeline of your health condition and symptoms before the accident. Include any flare-ups, treatment milestones, or stable periods.
Post-Accident progression: Develop a comprehensive timeline that shows the sequence of events and symptoms following the accident. Highlight any new or worsening symptoms, additional medical consultations, changes in medication, or new treatment plans.
Correlation: Clearly correlate the timelines to show a direct cause-and-effect relationship between the accident and the worsening of your condition.
By thoroughly documenting these aspects, you can construct a robust case that clearly demonstrates how the accident has exacerbated your pre-existing condition. This evidence is crucial for substantiating your claim and ensuring you receive the appropriate compensation.
Common Challenges in Claims Involving Pre-Existing Conditions
Navigating a personal injury claim with pre-existing conditions can be fraught with challenges. Some common issues include:
Causation: Defendants may argue that your injuries were not caused by the accident but were merely the result of your pre-existing condition.
Credibility: Your medical history will be scrutinized, and any inconsistencies can affect the credibility of your claim.
Insurance tactics: Insurers often use pre-existing conditions as a reason to minimize or deny your compensation.
Strategies to Strengthen Your Claim
Given the complexities involved, there are several strategies you can employ to strengthen your personal injury claim:
Detailed medical history: Provide a comprehensive medical history to show the baseline of your health before the accident.
Consistent medical treatment: Ensure you follow through with all medical treatments and appointments to establish the seriousness of your injuries.
Legal representation: Hiring an experienced personal injury attorney can help navigate the intricacies of your case and advocate for your fair compensation.
The Importance of Legal Advocacy
An experienced personal injury lawyer can be an invaluable asset when dealing with pre-existing conditions in your claim. Our attorney can help you gather the necessary evidence, manage communications with insurance companies, and argue your case effectively in court.
While pre-existing medical conditions add difficulty to a personal injury claim in Colorado, they do not disqualify you from seeking compensation. With the right strategy and legal assistance, you can handle these challenges and work towards a fair settlement.
For experienced guidance on your personal injury claim involving pre-existing conditions, contact our firm, the Law Offices of Malcolm B. Seawell, today for a free consultation. Let us help you secure compensation.