In personal injury law, a pre-existing condition refers to any medical ailment, injury, or physical condition you had before the accident or incident that led to a new injury claim. These conditions could range from chronic illnesses and previous injuries to degenerative diseases that were present before your recent accident.
A pre-existing condition can complicate claims, but it doesn’t necessarily prevent you from receiving compensation for injuries caused by an accident. This guide, tailored to Zara Injury Law clients, will explore how a pre-existing injury might influence your personal injury claim in Colorado. Call our Denver personal injury lawyers today if you were hurt in an incident that wasn’t your fault.
Understanding the impact of a pre-existing injury on your claim
The issue of pre-existing injuries is a common point of contention in personal injury cases. Here’s how it might affect your claim.
Legal perspective on pre-existing conditions
Colorado law follows the legal doctrine often called the “eggshell plaintiff” or “eggshell skull” rule. This principle asserts that defendants must take a plaintiff as they find them. In other words, if your pre-existing condition was exacerbated by the accident, the party at fault is still liable for the additional damages caused, even if the injuries are more severe due to your pre-existing condition.
Disclosure of pre-existing conditions
When filing a personal injury claim, it’s important to be upfront about any pre-existing injuries. Concealing these could harm your case if the information comes to light later, potentially undermining your credibility and claim.
Medical records and expert testimony
Comprehensive medical records documenting your condition before and after the accident are crucial. These records can help differentiate between injuries caused by the accident and symptoms of your pre-existing condition.
Medical experts can play a key role by providing testimony on how the accident exacerbated your pre-existing condition. Their assessments can be pivotal in proving the extent of the impact caused by the accident.
Challenges and strategies in proving exacerbation
One of the primary challenges in claims involving pre-existing injuries is proving that the accident worsened your condition. Detailed medical evaluations and comparisons of your health status before and after the incident are essential.
Be prepared for the possibility that insurance companies will scrutinize claims with pre-existing conditions more closely. They often argue that the claimed injuries were solely related to the existing conditions and not due to the accident.
How Zara Injury Law can help
Navigating a personal injury claim with a pre-existing injury requires skilled legal expertise to ensure that all factors are appropriately considered and that your rights are fully protected. Zara Injury Law offers:
- Experienced representation: Our attorneys are well-versed in handling complex cases where pre-existing conditions are a factor. We understand the nuances of Colorado personal injury law and how to advocate effectively for our clients.
- Comprehensive case management: We manage all aspects of your case, from gathering medical evidence to negotiating with insurance companies, ensuring your claim is as strong as possible.
- Personalized legal strategy: We tailor our legal strategies to accommodate the specifics of your case, including the impact of any pre-existing injuries, to maximize your compensation.
Hurt in an accident? Call us.
A pre-existing injury doesn’t automatically undermine your personal injury claim, but it adds complexity. You can navigate these challenges effectively with strong legal support from Zara Injury Law. Our goal is to ensure that you receive the compensation you deserve, accounting for the injuries caused by the accident and any exacerbation of prior conditions. If you have a pre-existing condition and have been involved in an accident, contact us today to discuss how we can help you build a strong case.