If you've been injured because of another person's recklessness or negligence, you may have grounds to file a personal injury claim against the liable party. Any preexisting health conditions you have will likely come up during the course of questioning, so it's important to know how these conditions can ultimately impact your case. Here's a guide to help you understand how to navigate the claim process.

A Guide to Preexisting Conditions & Personal Injury Claims

What Is the Eggshell Rule?

The eggshell rule is a legal concept that asserts that a victim's relative frailty is not a valid defense against a personal injury claim. This means that though the victim's preexisting conditions may make them more susceptible to an injury, this fact doesn't make them any less entitled to compensation. In other words, regardless of the injured party's underlying conditions, they can still receive compensation if the injury made those conditions worse.

Why Should I Disclose My Preexisting Injuries?

An injury victim should always disclose all of their preexisting conditions and injuries. Otherwise, the claim might be in jeopardy. To the defendant, their insurer, a judge, or a jury, it may look like the victim is attempting to conceal facts pertinent to the case, and the claim could be denied. Whenever possible, the victim should work with their attorney to show how the injury complicated or worsened preexisting issues to ensure they receive appropriate compensation.

How Can I Prove My Condition Is Worse?

Clear, timely medical records detail your history of illnesses, injuries, and treatments from an objective, third-party medical professional's perspective. An insurer, judge, or jury can review the submitted records to establish your condition prior to the accident and now. If there is enough evidence that your condition has deteriorated as a result of the accident, you might be entitled to additional compensation thanks to the eggshell rule.

For representation when making a personal injury claim, turn to Lee, Livingston, Lee, Nichols & Barron, P.C. Since 1948, they have been serving clients throughout the Dothan, AL, area. They provide legal services for a variety of situations, including personal injuries, estate planning, and family law cases. Call (334) 792-4156 or visit them online to schedule a consultation.