Pre-Existing Conditions

Answer:

One of the things about personal injury claims as it relates to folks with preexisting conditions is the case law. We call it in the legal field the “eggshell plaintiff” rule. In other words, you take the plaintiff in the condition that you find them. If you had preexisting conditions that weigh into it and that were aggravated by the personal injury that has been caused by the at fault party, those are all considerations that go into damages. They find you like they get you. If you had frailties, it’s reason to believe foreseeable that they would have ran into someone with frailties. There can be considerations given to your preexisting conditions that you have. In no way are your preexisting conditions a bar to recovery or would deny you from getting the recovery that you deserve. If you have these preexisting conditions and you think that they may play a role in your case, please make sure that you’re upfront and honest about them. Tell them to the attorney, because it’s going to come out down the road once they start requesting medical records should your case proceed to trial. You want to let your attorney know right up front that you have these preexisting health conditions and that they were impacted by the injury and by the accident so that they can adequately address them in the context of the litigation. Make sure you speak when you speak with one of our layers, you discuss that with them so that we can make sure that they are properly addressed.