How Prior Injuries Affect a Personal Injury Claim

If you are injured by another person or entity’s negligence, you can seek compensation through a personal injury claim, which is a complicated legal matter. If you have a prior injury, however, you can expect more pushback from the at-fault party’s insurance provider and an even more challenging path forward. The best approach is working closely with our experienced Conway personal injury attorneys at L. Morgan Martin from the start.

Know Your Rights

While the insurance company handling your personal injury claim would like you to believe that the fact of your prior injury seriously weakens or even bars your claim, this is not the case. Yes, the matter of your prior injury will need to be addressed, but your knowledgeable personal injury lawyer will be well prepared to do so and will protect your rights in the process.

The Eggshell Plaintiff Rule Applies

In South Carolina, those who engage in negligence, such as motorists who speed, drive drunk, or are distracted behind the wheel, must accept the victims of their negligence as they find them. In other words, a victim’s poor condition will not absolve the liability of the negligent party. This is the crux of what is known as the eggshell plaintiff rule.

Even if a person who didn’t have a preexisting condition would not have suffered as many losses as a result of the at-fault party’s negligence, it doesn’t mitigate the claim. If you were more seriously injured because of your preexisting condition, you have the right to pursue just compensation.

The Aggravation or Worsening of Your Preexisting Condition

If the at-fault party’s negligence causes your preexisting condition to become more serious or causes related symptoms to worsen, you can pursue compensation that addresses this change. The same is true if you suffer entirely new injuries. What personal injury will not address, however, is the prior injury itself.

You Should Expect Heightened Scrutiny

If your personal injury claim involves a prior injury, you should expect the insurance company handling it to scrutinize it from every angle. You should accept that you are going to need professional legal counsel on your side from the outset. This is simply the nature of the beast.

A major component of your claim will be proving that your preexisting condition worsened as a result of the accident in question. This often comes down to evidence like the following:

• Your related medical records and bills
• Your doctor’s report
• Your own account of how the accident has affected you
• Your pay stubs, if your ability to earn has been affected

An important point to keep in mind when claims involve prior injuries is that full disclosure is mandatory. Attempting to hide a preexisting condition can backfire spectacularly.

Our Experienced Conway Personal Injury Lawyers Are on Your Side

The knowledgeable Conway personal injury attorneys at L. Morgan Martin have a wealth of experience successfully handling claims involving prior injuries, and we’re here to help. Learn more by contacting us online or by calling 843-248-3177 today.