How Personal Injury Cases Are Affected By Pre-Existing Conditions?
Personal injury cases can be complicated, and one of the factors that can further complicate them is the presence of pre-existing conditions. Pre-existing conditions refer to any health issues or injuries a person had before the accident or incident that caused the personal injury.
These conditions can range from minor health issues to chronic illnesses, and they can significantly impact the outcome of a personal injury case. It will be helpful for you to know how pre-existing conditions can affect personal injury cases. If you face challenges while seeking compensation, you must contact King Law and ask them to assist you further.
Understanding the impact of pre-existing conditions on personal injury cases:
- Difficult to prove causation
Defendants may argue that the plaintiff’s pre-existing condition was the primary cause of their injuries, not the accident or incident. It can make it challenging for plaintiffs to prove that the accident or incident caused their injuries and that they are entitled to compensation. An experienced personal injury attorney can help plaintiffs build a strong case and demonstrate causation to the court.
- Limited damages for a plaintiff’s recovery
If a plaintiff had a pre-existing condition aggravated by the accident, they may only be able to recover damages for the additional harm caused. It can result in a lower compensation award than if the plaintiff did not have a pre-existing condition. Plaintiffs need to work with an experienced personal injury attorney who can help them navigate the complexities of the legal system and pursue fair compensation.
- Settlement negotiations
Defendants may use the presence of a pre-existing condition to argue for a lower settlement amount, even if the condition was not related to the injuries sustained in the accident. Plaintiffs must work with their attorneys to build a strong case that considers pre-existing conditions and fights for fair compensation.
- Plaintiffs may be required to disclose pre-existing conditions.
Plaintiffs in personal injury cases may be required to disclose any pre-existing conditions to the court and the defendant. Failure to do so can lead to the dismissal of the case. It is crucial to inform any pre-existing conditions as they may affect the case’s outcome, and failure to disclose can harm the plaintiff’s credibility in court.
- Defendants may use pre-existing conditions to dispute damages.
Defendants may use a plaintiff’s pre-existing conditions to argue that any damages claimed are unrelated to the accident or incident. They may say that the plaintiff’s pre-existing condition was not aggravated by the accident and, therefore, the plaintiff is not entitled to compensation for the alleged harm. Defendants may also try to argue for a lower settlement amount if they can successfully dispute the damages claimed.