Car Crash Victims Are Entitled to Damages For Pain And Suffering Caused By Someone Else’s Negligence Regardless Of Pre Existing Health Conditions

People mistakenly believe that if they have a pre-existing condition, they cannot proceed with a personal injury lawsuit for bodily injuries if that condition is injured again through the actions of another person. However, the law in Massachusetts has been clear for 90 years that we are able to make claims for aggravations of a pre-existing condition, no matter how serious the prior condition may be.

Personal Injury Claim With Pre Existing Medical Condition: A Real Life Example

This is illustrated in one recent case. My client, police officer Peter Smith, had been experiencing knee pain for a significant period which progressively got worse. He made an appointment with his doctor and had x-rays of the knee which showed degenerative changes and he was referred to an orthopedic specialist for further consultation. Before he saw the orthopedic specialist, he suffered a very scary injury at work. Timely medical treatment is crucial in such cases, as delaying it could have significantly weakened his claim.

Officer Smith was working a road detail on a two-way street with one lane in each direction. One lane was closed off due to the work being done, so two way traffic was limited to the one lane that remained open. Officer Smith was toward the side of the road when he stopped elderly motorist Lisa Wyman. Smith started to check for any traffic coming in the opposite direction when Wyman inexplicably began to drive forward and struck Officer Smith with the front passenger side of her vehicle which propelled him to the ground along the side of the road. Wyman did not stop and continued driving to an appointment that she wanted to get to. Fortunately, the event was captured on video by one of the work vehicles at the road detail, which enabled the police to locate Wyman. She claimed she did not realize she struck Officer Smith despite damage to her vehicle, including a passenger side cracked windshield. The police issued an immediate threat notice to the Registry of Motor Vehicles to have Wyman’s license suspended.

Officer Smith was fortunate his injuries were not life threatening but he still sustained significant injuries. He was transported by ambulance to the emergency room, where he complained of various injuries (primarily to his head and neck) but nothing specifically about his knee. Ultimately, when his other injuries began to subside, he turned his attention to the knee as he was experiencing some increased pain after being struck. He met with an orthopedic surgeon and the decision was made to have surgery, which fortunately was very successful.

When presenting the claim to Wyman’s insurance company, we were faced with the predictable argument that Officer Smith had a significant pre-existing condition with respect to his knee, especially in this case where it was foreseeable he would likely need knee surgery even if he had not been hit by Wyman’s vehicle. Additionally, the insurance company scrutinized any prior injury, complicating the settlement process. After some negotiating with the adjuster, I was able to settle Officer Smith’s case for $300,000.

In order to protect the privacy of the injured person, all names have been changed. Any resemblance to the names of real persons, past or present, is merely coincidental and not intended

Why Choosing the Right Lawyer Matters

The speed and success of the settlement highlight why choosing the right personal injury lawyer is so important. A skilled attorney brings experience, resources, and a strategic approach to each case. Not only that but staying in constant contact with our clients and listening to their needs enables us to make sure we bring about the best and most efficient results possible.

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If you or anyone you know has suffered an injury in a vehicle crash or on the job, please contact us for a free and confidential consultation. We handle cases on a contingent fee basis, which means no money is owed unless we are successful in collecting money compensation on the case. Contact us now for a free and confidential consultation.

Understanding Pre-Existing Conditions

Pre-existing conditions refer to any medical issues like degenerative disc disease that existed before an accident or injury occurred. These conditions can be physical, such as chronic diseases or back injuries, or mental, including emotional health issues and genetic disorders. Whether diagnosed or undiagnosed, pre-existing conditions can significantly impact personal injury claims. Pre existing injuries can complicate the process of proving new injuries, as insurance companies often try to argue that these conditions contributed to the injury, aiming to reduce the compensation owed. Understanding the role of pre-existing conditions in personal injury claims is crucial for ensuring fair compensation.

The Eggshell Plaintiff Theory emphasizes the legal responsibility of a wrongdoer for the full extent of harm to a victim, taking into account any pre existing injury or conditions that may exacerbate the individual’s situation. This principle illustrates how accidents can aggravate pre-existing conditions, highlighting the complexities involved in proving such cases and the importance of legal expertise in securing appropriate compensation.

Definition and Examples

A pre-existing condition is a medical condition or injury that existed before an accident or incident that led to a personal injury claim. These conditions can encompass a wide range of medical issues, including chronic diseases, back injuries, mental or emotional health issues, and genetic disorders. For instance, consider someone who had a pre-existing back injury and was subsequently involved in a car accident that exacerbated this condition. In such cases, the pre-existing condition can significantly impact the personal injury claim, as it may complicate the process of proving the extent of new injuries and securing fair compensation.

The Eggshell Plaintiff Theory

The eggshell plaintiff theory is a crucial legal principle in personal injury law. It holds that defendants are responsible for the full extent of harm caused to a victim, even if the victim had a pre-existing condition that made them more susceptible to injury. This theory is particularly relevant in personal injury cases where the defendant’s actions have aggravated a pre-existing condition. Personal injury lawyers apply the eggshell plaintiff theory to ensures that victims receive adequate compensation for their losses, regardless of their pre-existing conditions. This principle underscores the importance of holding defendants accountable for the full scope of the damage they cause.

Protecting Plaintiffs with Pre-Existing Conditions

Plaintiffs with pre-existing conditions are safeguarded by the eggshell plaintiff theory, which ensures that defendants are held liable for the entire extent of the damage they cause. This theory is rooted in the principles of fairness and justice and applies to all personal injury cases, irrespective of the severity of the pre-existing condition. Insurance companies often attempt to argue that pre-existing conditions are the primary cause of injuries to reduce their liability. However, the eggshell plaintiff theory prevents them from evading responsibility for the harm they cause, ensuring that plaintiffs receive the compensation they deserve.

The Role of Medical Records

Medical records are indispensable in personal injury claims, particularly when pre-existing conditions are involved. These records provide a comprehensive history of a person’s medical conditions, treatments, and medications, serving as concrete evidence of how an individual has suffered due to a subsequent event. By meticulously documenting a client’s medical history, personal injury attorneys can work with doctors to provide honest, objective documentation of pre-existing conditions and how they have been aggravated by the accident. This evidence is vital in countering insurance companies’ attempts to downplay the impact of the new injury. Additionally, these records help in recovering costs related to medical bills incurred due to the injury.

Establishing the Extent of Injuries and Damages

Establishing the extent of injuries and damages is a critical aspect of personal injury claims, especially when pre-existing conditions are involved. Medical records and expert testimony play a vital role in demonstrating how an accident has worsened a pre-existing condition. It is essential to meticulously document every doctor’s visit, therapy session, and new prescription to provide concrete evidence of the extent of injuries and damages. Additionally, keeping a journal to record pain levels and physical limitations can be invaluable in proving causation.

Proving Causation and Liability in Personal Injury Claims

Proving causation and liability is fundamental in personal injury claims, particularly when pre-existing conditions are present. Demonstrating that an accident has exacerbated a pre-existing condition is key to securing compensation. Medical evidence, including detailed records and statements from healthcare providers, is essential in establishing causation. Expert testimony can further connect documented changes in the victim’s condition to the traumatic event, proving that the defendant’s actions caused a measurable decline in well-being.

The Impact of Pre-Existing Conditions on Injury Claims

Pre-existing conditions can have a profound impact on injury claims. Insurance companies often use these conditions as a basis to reduce compensation or deny claims altogether. However, the “eggshell plaintiff” rule protects individuals with pre-existing conditions, ensuring that defendants are held liable for the full extent of the damage they cause. A personal injury attorney plays a crucial role in determining which damages can be attributed to the current accident, taking into account any changes to the client’s physical or mental health.

The Benefits of Hiring an Experienced Personal Injury Attorney

When dealing with pre-existing conditions in injury claims, hiring an experienced personal injury attorney is essential. An experienced attorney can navigate the complexities of personal injury law and ensure that clients seek compensation for their losses. They can gather evidence, build a strong case, and negotiate with insurance companies to secure a fair settlement. With an experienced attorney handling the legal process, clients can focus on healing and rebuilding their lives.