Can You Still Recover Damages With Pre-Existing Medical Conditions?
If you have been injured in an accident due to someone else’s negligence, you may be entitled to recover damages. But what happens if you already had a pre-existing medical condition at the time of the accident? Can you still receive compensation for your injuries? You might want to discuss your case with an attorney to find out how pre-existing conditions can affect your personal injury claim and what steps you need to take to prove that your accident aggravated your existing condition.
Our New York motor vehicle accident lawyers at Leitner Varughese PLLC help accident victims recover the compensation they deserve regardless of whether they have any pre-existing medical conditions or not.
What are Pre-Existing Medical Conditions?
A pre-existing medical condition is defined as any physical or mental illness, injury, or disability that existed prior to the date of an accidental incident. Most personal injury claims are based on the legal principle of “causation” or “proximate cause,” which states that an individual must prove that their injury was caused by another person’s negligent behavior. But with a pre-existing medical condition, it can be difficult to determine whether an existing condition was aggravated by an accident or was simply part of an individual’s natural decline in health due to age or other factors.
Examples of Pre-Existing Conditions
Pre-existing conditions can include anything from chronic pain syndromes and allergies to serious mental illnesses such as depression and anxiety disorders. According to the World Health Organization, an estimated 5% of adults suffer from depression around the world.
Other common examples include arthritis, diabetes, asthma, heart disease, back pain, and high blood pressure. In some cases, even a minor pre-existing condition can have a significant impact on the outcome of a personal injury claim.
How Do Pre-Existing Medical Conditions Affect Personal Injury Claims?
When filing a personal injury claim for damages related to an accident involving a pre-existing medical condition, there are several factors that need to be taken into consideration, including whether the defendant (the person responsible) actually caused harm or worsened your existing condition, whether they owe you a duty of care, and whether their negligence cause your injuries.
It is important for individuals with pre-existing medical conditions to seek legal advice when pursuing any type of personal injury claim, as this will help ensure that their rights are protected and that they receive fair compensation for their injuries.
How to Prove That Your Accident Aggravated Your Existing Condition?
Establishing causation between an accident and the aggravation of an existing medical condition is one of the key elements in proving negligence in court. It is up to the plaintiff (injured party) to prove that their pre-existing medical condition was made worse as a direct result of another person’s negligent act or omission.
This means providing evidence such as doctor’s notes documenting any changes in symptoms after an accident, proof that treatment was required due to those changes, witness statements from family members regarding any observable changes post-accident, and records showing any additional treatments needed after the accident took place.
Discuss Your Legal Case with Leitner Varughese PLLC
Recovering damages after an accident when you have a pre-existing medical condition can be a daunting task. That is why it is always best practice for individuals injured due to someone else’s negligent behavior to seek legal advice so they can protect their rights and receive proper compensation for their injuries. Contact our lawyers at Leitner Varughese PLLC to get legal guidance today. Call 212-671-1110 to receive a free initial consultation.