If you’ve been hurt in Barberton due to someone else’s careless actions, you may have a personal injury claim. The attorneys at Obral Silk & Pal Personal Injury Lawyers are ready to stand by your side and protect your rights. We offer free consultations to evaluate your case and help you take the next steps toward recovery. Contact us at 216-529-9377 to connect with a personal injury lawyer who cares.
Our personal injury services include:
- Car Accidents
- Motorcycle Accidents
- Workers’ Compensation
- Wrongful Death
- Slip and Fall
How Pre-Existing Conditions Can Influence Your Personal Injury Claim
If you have been injured in an accident in Barberton, Ohio, and you suffer from a pre-existing condition, you may wonder how it affects your personal injury claim. A pre-existing condition refers to any injury, illness, or medical condition that existed before the accident. While having a pre-existing condition does not automatically disqualify you from filing a personal injury claim, it can complicate matters.
Understanding how pre-existing conditions can impact your case is essential to ensuring you receive fair compensation for your injury.
The Impact of Pre-Existing Conditions on a Personal Injury Claim
In many personal injury cases, the key question is whether the accident caused new injuries or aggravated pre-existing conditions. For instance, if you had a prior back injury and were in a car accident that worsened your condition, the accident might not have directly caused the injury but may have aggravated it. Insurance companies and courts will look closely at the relationship between your pre-existing condition and the new injury when determining the value of your claim.
Here’s how pre-existing conditions can influence your personal injury case:
Aggravation vs. New Injury
One of the most common issues in cases involving pre-existing conditions is determining whether the accident caused new injuries or merely aggravated an existing condition. If your injury only worsened an existing issue, you may still be entitled to compensation for the extent of the aggravation.
For example, let’s say you have a history of knee problems. After a slip and fall accident, you suffer an injury that worsens your knee condition. In this scenario, you would likely be entitled to compensation for the additional pain and suffering, medical treatment, and lost wages that the aggravation of the condition caused, even though the knee problem existed before the accident.
Comparative Fault and Pre-Existing Conditions
Ohio follows a modified comparative fault rule, which means that if you are partially responsible for the accident, your compensation can be reduced by your percentage of fault. In cases involving pre-existing conditions, the opposing party’s insurance company may attempt to argue that your injury was not caused by the accident, or they may try to place more fault on you due to your pre-existing condition.
For example, if you were in a car accident that worsened your chronic back pain, the insurance company might argue that your pain was largely due to your previous back condition, not the accident. However, if the accident aggravated or accelerated your symptoms, you still have the right to pursue compensation for the additional harm caused.
Documenting the Impact of Pre-Existing Conditions
It’s important to clearly document the impact of the accident on your pre-existing condition. Medical records, diagnostic tests, and a detailed report from your treating physician can help demonstrate the aggravation of your condition caused by the accident. This documentation is crucial for proving that the accident made your pre-existing condition worse and that you are entitled to compensation for the resulting harm.
Your attorney can help gather the necessary evidence and work with your healthcare providers to establish a connection between the accident and the worsening of your condition.
Insurance Company Tactics
Insurance companies are always looking for ways to minimize the amount of money they have to pay out in a claim. When a pre-existing condition is involved, the insurer may try to argue that your current injury is simply a result of the pre-existing condition, rather than the accident. They may attempt to devalue your claim or deny certain damages by saying that the injury was not caused by the accident in the first place.
This is why working with a personal injury attorney is essential if you have a pre-existing condition. A skilled lawyer will help protect your interests and ensure that the full extent of your injuries, including the aggravation of any pre-existing conditions, is properly accounted for.
The “Take Your Victim As You Find Them” Rule
In Ohio, the law generally follows the principle of “take your victim as you find them.” This means that the at-fault party is responsible for the full extent of your injuries, even if you had a pre-existing condition. For example, if you have a weakened shoulder due to a previous injury, and the accident causes further damage, the defendant is still liable for the full extent of the harm caused by the accident, not just the additional damage caused by the injury.
This legal principle ensures that victims are compensated for the full scope of their injuries, including the aggravation of pre-existing conditions.
Expert Testimony
In some cases, expert testimony from a medical professional may be necessary to establish the link between your pre-existing condition and the injury caused by the accident. A doctor, chiropractor, or other healthcare professional may need to provide expert testimony regarding the severity of the aggravation, the prognosis for recovery, and the necessary treatment.
Expert testimony is especially important if the insurance company challenges the cause of your injury or argues that your pre-existing condition is to blame for your symptoms. A medical expert can help clarify how the accident made your condition worse and why the aggravation should be treated as part of your injury claim.
How to Protect Your Claim When You Have a Pre-Existing Condition
If you have a pre-existing condition and you’re filing a personal injury claim, there are several steps you can take to protect your case and ensure you receive the compensation you deserve.
Be Honest About Your Pre-Existing Condition
It’s important to be upfront and honest about your pre-existing condition when discussing your injury with your attorney and your healthcare provider. Hiding information can weaken your case and damage your credibility. Your attorney can help present your condition in the best possible light and ensure that your medical history is properly documented.
Seek Immediate Medical Attention
After the accident, seek medical attention as soon as possible. A healthcare provider will be able to assess your injuries and determine whether your pre-existing condition has been aggravated. Having a clear medical record showing the changes in your condition following the accident can help build a stronger case.
Work with an Experienced Personal Injury Attorney
A skilled personal injury lawyer can guide you through the legal process and help you navigate the challenges of a claim involving a pre-existing condition. Your lawyer will know how to gather the necessary medical evidence, present expert testimony, and handle insurance companies to ensure you receive full compensation for your injuries.
Follow Your Doctor’s Treatment Plan
It’s important to follow your doctor’s recommendations for treatment. This not only helps with your recovery but also shows that you are taking your injury seriously. Adherence to your treatment plan can also strengthen your case by demonstrating that you are making efforts to improve your condition.
Barberton Personal Injury Attorney Who Puts You First
If you have been injured in an accident in Barberton, Ohio, and have a pre-existing condition, reach out to an experienced personal injury lawyer who can help protect your rights and guide you through the legal process. With the right approach, you can ensure that your injuries are fully accounted for and that you receive the compensation you deserve. At Obral Silk & Pal Personal Injury Lawyers, we are proud to serve the Barberton community with experienced legal advocacy for personal injury claims. Our attorneys are ready to protect your interests and pursue fair compensation. Call 216-529-9377 now for a free consultation with a trusted personal injury attorney.