The Effect of Preexisting Conditions on Car Accident Injuries
When gathering information about an automobile accident claim, insurance agents ask numerous questions, including inquiries about the claimant’s medical history. They do this to determine whether any medical conditions were present prior to the accident. Insurance companies often use preexisting conditions as a defense to accident injury claims, which can be a serious point of contention in an automobile accident case. This is why it is vitally important for plaintiffs to understand their rights and how pre-existing conditions can affect compensation amounts.
Asserting an eggshell plaintiff theory
The eggshell plaintiff is a legal theory asserting that a defendant must take the victim as found. This means that preexisting conditions should not be used to mitigate the damage and injuries caused by a negligent defendant. For example, a young woman falls down a flight of stairs and breaks her leg. She seeks medical treatment and a doctor places her leg in a cast to heal. Two weeks later, an automobile strikes her, causing further complications to her leg and various other serious injuries. Upon making her claim, the insurance company attempts to lessen or deny responsibility for costs associated with her leg, due to the pre-existing break.
Using the eggshell plaintiff theory, the woman’s attorneys may assert that the driver’s insurance company cannot select which injuries to compensate. The woman did not choose to be involved in the car crash, and she should not be penalized for having a broken leg at the time of the accident.
Fighting against insurance company tactics
In some cases, insurance agents try to mitigate their responsibility based on conditions that date back years and even decades. They will often demand that claimants provide entire medical histories. Without adequate legal guidance, a claimant may feel obligated to provide this information, even if they are under no legal duty to do so. Handing this information over to the insurance company opens the door for potential exploration into medical conditions that have no relevance to the accident-causing injuries.
While medical records are important to the success of a claim, they can also be utilized by the insurance company to effectively deny compensation. Skilled attorneys understand what is at stake and work closely with medical professionals to ensure that proper documentation of injuries is provided, along with corroboration connecting the injuries to the car crash. They know that, if a preexisting condition was exacerbated by a motor vehicle accident, the at-fault driver should be held financially responsible.
At Taylor & Ring, we have a proven track record of securing high-value awards for victims of automobile accidents. Our experienced Los Angeles car accident attorneys fight to secure compensation for all relevant injuries, including those related to preexisting conditions. If you were injured in a car crash, call our office at 310-776-6390 or complete our contact form to schedule a consultation.
David Ring is a nationally renowned plaintiff’s personal injury trial attorney and has obtained multi-million dollar verdicts and settlements on behalf of seriously-injured individuals or families who have lost a loved one in a tragic accident. For more than 20 years, he has represented victims of sexual abuse, sexual harassment, assault, molestation and sexual misconduct in cases against a variety of employers and entities, including schools, churches and youth organizations.
He prides himself on providing aggressive, yet compassionate representation for children who have been sexually abused and women who have been sexually harassed or assaulted. Read more about David M. Ring.