If you already have a pre-existing condition in San Diego, then navigating through a personal injury claim can become quite a complex journey. Thus, it becomes essential to seek advice from a personal injury attorney, who can safeguard you from this situation and help you understand how such conditions can influence the claim. So, let’s know whether it is possible to secure fair compensation even if you have a pre-existing condition.

• Defining Pre-Existing Conditions

If there has been any health injury or accident before the incident that you are referring to, these are termed pre-existing conditions. The most common example is having chronic back pain, previous fractions, or any kind of degenerative disease, and these have led to the current personal injury claim.

• What is the Impact on Personal Injury Claims?

In the case of pre-existing conditions, the insurance companies take these as a golden chance and aim to attribute the current symptoms to be linked with previous issues, which would minimize the payouts. They would argue that the accident you are referring to has not exacerbated the condition.

• Applying the Eggshell Plaintiff Rule

According to the personal injury lawyer of https://hhjtrialattorneys.com/, to protect individuals with pre-existing conditions, there is a doctrine called the “eggshell plaintiff.” Based on this principle, the defendant is liable for the plaintiff’s injuries, even if there are pre-existing conditions, as these have made them more susceptible to harm. Thus, the defendant is entirely responsible for the extent of injury that has been caused, and they must take their victim as they find them, irrespective of the health conditions of the plaintiff.

• How to Prove Aggravation of Pre-Existing Conditions?

If you want to strengthen your case and increase the claim amount, then you have to provide evidence that would prove your pre-existing conditions have worsened due to the accident. To support your statement, you can provide medical documentation differentiating your present and previous health conditions, i.e., before and after the accident. To establish causation, you must also get medical testimony from the health care professional about whether an accident can specifically aggravate a condition. Moreover, you must present all the records of the treatment you have been going through, pre- and post-accident. This would directly indicate the impact the accident has caused on your health.

• Challenges Faced in Claims with Pre-Existing Conditions

Irrespective of how strong evidence you present, there are specific challenges you have to face in claims with pre-existing conditions. The insurance adjuster might investigate your medical history and find reasons that would either reduce or completely deny your claim. They can also file a causation dispute in that you present false evidence regarding the link between the accident and your condition. Moreover, it also gets difficult to quantify the compensation based on damages that you have gone through pre and post-accident. Conclusion Always be transparent about your medical history to strengthen your case with pre-existing conditions. You must also consult an experienced personal injury lawyer who can deal with the complexities and is an advocate. Most importantly, keep every detail of the accident and how it has impacted your daily life to present a well-framed difference.