If you’re injured, you might be wondering if a pre-existing condition affects your case. The answer is yes, but there are also important aspects of personal injury law that need to be considered. Here’s what we mean by “pre-existing condition” and why it’s important to get expert help when dealing with these issues so that you can get the compensation you deserve.
Different types of pre-existing injuries
There are several different types of pre-existing conditions and injuries, including:
• Arthritis.
• Back pain.
• Cancer or other terminal illness.
If you have a pre-existing condition or injury, it means that you’ve had it for some time before the accident occurred and did not result from or cause your accident.
Complications Due to Pre-Existing Condition
If you have a pre-existing condition, it’s important to remember that the doctor who treated you for your injury may not have been able to diagnose or treat it. This could make it difficult for them to determine if they caused your injury and how much of an impact their treatment had on your condition, as per personal injury lawyer in Red Deer.
If this happens, you may have difficulty proving that the doctor’s negligence played a role in worsening your condition. The doctor may also be able to argue that they did everything they could while treating your injuries or conditions (such as providing pain medication). This can make it harder for victims of auto accidents with pre-existing conditions who want compensation from car manufacturers who were involved in causing their injuries
Causation
The plaintiff must prove that the defendant’s negligence was the cause of their injury. This means that you must show that your accident made a pre-existing condition worse and that this worsening caused you to suffer an injury.
Damages decided based on your pre-existing condition and injuries
Damages are the money awarded to you by a court. They can be reduced if your injuries were caused by your own fault, as well as being pre-existing conditions.
The more extensive your injuries are likely going to be—and therefore more expensive to treat—the lower their chances of getting reduced even further after settlement negotiations have been completed between both parties involved in this case (i.e., you and insurance companies).
What is the eggshell plaintiff rule?
The eggshell plaintiff rule is a legal term that means that a plaintiff’s pre-existing condition can be considered when determining damages. For example, if you have a pre-existing injury and your accident makes it worse, then you may be able to get less compensation for injuries than someone who doesn’t have any previous issues.
Pre-Existing injury can be positive aspect for your case sometime
A pre-existing condition isn’t always bad news. If you have a pre-existing injury and it’s caused by the accident, then your case may be stronger than if you didn’t have the injury before. This is because the law considers how severe an injury has to be in order to qualify as compensable. If you have a pre-existing condition, you still deserve compensation for injuries caused by someone else.