Have you been injured in an accident but had a pre-existing injury? Are you wondering if that will play into the outcome of your personal injury case? It’s natural to be concerned about how this might affect the proceedings. After all, it can be difficult to determine fault and prove that negligence caused your current injuries.
In this article, we’ll explore what having a pre-existing condition means for your potential claim and how it could impact the process.
Have more questions? Contact the team at Injury.io today.
Definition of a Pre-Existing Injury
A pre-existing injury is defined as any condition or illness that existed prior to the incident for which you are claiming damages. It could be a physical, psychological, or emotional ailment that was present before an accident or other event happened. For example, if someone suffered from chronic back pain prior to being involved in a car crash, then this would be considered a pre-existing injury.
In the context of personal injury claims, it is important to understand how such conditions can affect the outcome of your case and whether they will affect the amount of compensation you receive.
Impact on Personal Injury Claim
Having a pre-existing injury can complicate matters when filing a personal injury claim. One of the most important aspects of any case is to determine how much pain and suffering has been caused by the incident in question. If you cannot establish that you’ve suffered additional harm as a result of the negligent action, then your claim may not be successful.
If you can prove that your pre-existing condition has gotten worse as a result of the accident, you may be able to seek compensation for the suffering you’ve endured. However, it can be difficult to prove your injuries were caused by the accident since you already had an injury or condition before the incident.
Evidence Needed to Prove Impact
To prove the impact of a pre-existing injury on a personal injury case, it is important to provide evidence that links the two. This can include medical records, expert witness testimony and other forms of documentation.
Medical records are particularly useful because they demonstrate the existence of an injury prior to the current incident and its severity. Expert witnesses may also be used to provide additional insight into how a pre-existing condition has been affected by new trauma or pain caused by a recent accident. The key is establishing a link between the original condition and subsequent damages from the individual’s negligence.
Challenges of Proving Causation
Proving causation in a personal injury case can be difficult, especially when there is a pre-existing injury. To establish that the defendant’s negligence caused or contributed to an injury, plaintiffs must show:
- The defendant had a duty of care toward the plaintiff
- The defendant breached their duty of care
- The breach was a proximate cause of injury
- The plaintiff suffered damages as a result of the breach
In some cases where there is already an existing condition, it may be hard to determine whether the new incident made the condition worse or not, and if so, by how much? This makes proving causation more challenging because establishing exactly what amount of damage was caused by each event can be tricky.
Legal Strategies for Pursuing Claims
Causation may be difficult to prove, but it is not impossible. If a plaintiff can show that their pre-existing injury was aggravated by the defendant’s negligence, then they have grounds for pursuing a personal injury case. There are several legal strategies available to plaintiffs when seeking compensation for their injuries.
An experienced attorney will help assess liability and determine whether the defendant should be held liable for any additional damages caused due to the aggravation of an existing injury. Depending on the circumstances surrounding the accident, this could include medical bills, lost wages, pain and suffering, and punitive damages in some cases. The lawyer will also assist with filing all necessary paperwork and building a strong case for maximum recovery of funds from the responsible party or parties.
The ability to pursue a successful claim rests upon how effectively evidence is presented in court. A good lawyer will ensure that all facts are accurately represented while providing sound legal advice throughout proceedings.
Contact Injury.io Today
A pre-existing injury can drastically affect your personal injury case. It is important to fully disclose any pre-existing injury when filing a personal injury claim in order to avoid any complications. Your attorney can then make the appropriate adjustments to your case in order to best represent your interests. By understanding the implications of a pre-existing injury, you can be better prepared for any legal proceedings that may arise.
If you need help filing a personal injury claim, get in touch with the team at Injury.io. Contact us today to book a free case review.
Emily Wilson is a writer who graduated with a bachelor’s degree in English studies from Ball State University in 2021. Since graduating, Emily has started her career in content writing, and she hopes to continue helping her audience learn and grow from her works.
