If you’re filing a personal injury claim and have a pre-existing injury, you might be concerned about how it will affect your case. This guide provides a clear overview of how a “pre-existing injury settlement” can be influenced by your prior health issues.

Keep reading for insights from Carner & DeVita, a leading Suffolk County personal injury firm experienced in handling complex cases in New York.

pre-existing injury settlement

How a pre-existing injury affects your personal injury claim

A pre-existing condition can complicate the settlement process because insurance companies often argue that the incident did not cause the injury claimed but rather was pre-existing. Here’s what you need to know about incorporating a pre-existing injury into a new personal injury claim.

Disclosure of pre-existing conditions

Honesty about your medical history is essential. Concealing a pre-existing injury can undermine your credibility and potentially damage your case. Full disclosure allows your attorney to argue effectively that the incident exacerbated your condition, which is a legitimate reason to seek additional compensation.

“Eggshell plaintiff” doctrine

New York law adheres to the “eggshell plaintiff” rule, which states that defendants must take a plaintiff as they find them. Suppose you have a pre-existing condition that makes you more susceptible to injury. In that case, the defendant is still liable for all the damages caused by their actions, even if similar actions might not have injured a healthier person. This rule is crucial in ensuring that all individuals, regardless of their physical condition before an accident, receive fair compensation.

Strategies for maximizing your pre-existing injury settlement

Carner & DeVita emphasizes several strategies to help strengthen your claim and ensure fair treatment.

Comprehensive medical documentation

Continuously update and maintain detailed records of your medical treatments related to both your pre-existing condition and the injuries due to the accident. This documentation can illustrate how the incident worsened your condition.

Expert medical testimony

Involving medical experts who can testify about how the accident impacted your pre-existing condition can be pivotal. These professionals can help distinguish between your medical state before and after the incident.

Accurate depiction of the injury’s impact

It’s important to demonstrate how the incident has aggravated the pre-existing condition, leading to additional medical needs, pain, or disability.

Negotiating with insurance companies

Carner & DeVita’s experience in negotiating with insurers can be invaluable. They know the tactics insurers might use to minimize compensation and are prepared to counter these effectively.

Legal considerations and New York statutes

While specific New York statutes governing personal injury cases do not explicitly mention pre-existing conditions, the principles of negligence and liability apply. Under New York Civil Practice Laws & Rules, how well you prove that the incident exacerbated your pre-existing condition may influence your ability to recover damages.

Partner with Carner & DeVita to maximize your pre-existing injury settlement

Carner & DeVita has the expertise and experience necessary to help you understand the complexities of your claim and work towards securing the compensation you deserve. If you’re dealing with the impact of a new injury on a pre-existing condition, consulting with a knowledgeable attorney can make a significant difference in the outcome of your settlement. Contact us online or call (631) 543-7070 to schedule a free case consultation.