Most personal injury claims are based on the grounds of negligence. In order to win, the plaintiff must prove four primary elements: a duty of care, a breach of said duty, causation, and damages. Injuries that are no fault of your own can count as a preexisting condition, it will open the door for disputes regarding causation. Fully understanding what is a preexisting condition, and how to counter disputes will give you the edge in obtaining compensation.

What Is a Preexisting Condition?

Legally, a preexisting condition is an injury or illness that the plaintiff was coping with prior to the incident that spurred the cause of legal action. Examples include both acute injuries, like sprains, strains, fractures, and chronic diseases like arthritis and depression. 

Claims adjusters are incentivized to devalue or deny the cases they review, so they’ll scrutinize any of your preexisting conditions. When there’s reason to believe the accident in question wasn't responsible for the injury or illness that the plaintiff’s seeking compensation for, the adjuster will challenge causation. The plaintiff will then have to prove that the injury or illness is new, or that their condition worsened due to the defendant’s negligence. 

How Can Plaintiffs With Preexisting Conditions Overcome Causation Disputes?

Since they conduct comprehensive medical investigations prior to awarding compensation, claims adjusters have reason to assume they’ll be able to identify any preexisting conditions. As such, it’s the plaintiff’s best interest to disclose any of their injuries and illnesses early in the proceedings. Gather sufficient evidence proving the incident contributed to your declining health, and you’ll recover compensation for the applicable damages incurred. 

To prove causation despite a preexisting condition, your attorney will consult medical specialists and accident reconstruction experts. Save your relevant medical records and diagnostic images, and keep a personal injury journal; additionally, record daily entries on how your declining health affects your everyday life. Obtain testimonies from friends, loved ones, and colleagues who will speak on how your physical health, behavior, and mood have changed since the incident. 

When you’re recovering from serious injuries, but you happen to have a preexisting condition, turn to Daniel R. McComb Attorney at Law. Practicing out of Batavia, NY, this strategic lawyer has more than 35 years of experience in the legal field. He’ll use all the resources at his firm’s disposal to investigate the accident in which you were hurt, and determine how to prove the severity of your personal injuries. Call (585) 343-2250 or reach out on his website to request a free case evaluation.