Pre-existing conditions can significantly influence back injury claims, affecting both the evaluation of the injury and the determination of compensation. Understanding how pre-existing conditions impact these claims is essential for effectively managing your case and ensuring you receive fair compensation. Attorney Bill Connor is a combat veteran who sustained a severe back injury on an Airborne operation. He is now a service-disabled military retiree who has a unique perspective. Here’s a comprehensive guide on the impact of pre-existing conditions on back injury claims.
1. Understanding Pre-Existing Conditions
Definition:
- Pre-existing conditions refer to any medical issues or injuries that existed before the incident that caused the current back injury. These can include chronic conditions like degenerative disc disease, previous surgeries, or past injuries to the back.
Disclosure:
- It is crucial to disclose any pre-existing conditions to your healthcare provider and attorney. Transparency helps in accurately assessing the new injury and prevents potential issues during the claims process.
2. Establishing Aggravation of Pre-Existing Conditions
Aggravation vs. New Injury:
- In many cases, an incident can aggravate a pre-existing condition rather than causing a completely new injury. Establishing that the incident exacerbated your condition is key to securing compensation.
Medical Evidence:
- Comprehensive medical records documenting your condition before and after the incident are essential. These records help demonstrate how the new injury has worsened your pre-existing condition.
3. Legal Considerations
Eggshell Plaintiff Doctrine:
- The “eggshell plaintiff” doctrine in personal injury law states that defendants must take plaintiffs as they find them. This means that if a person with a pre-existing condition is injured, the defendant is still fully liable for the injury, even if the injury is more severe due to the pre-existing condition.
Comparative Fault:
- Some jurisdictions apply comparative fault principles, where the compensation is reduced based on the plaintiff’s degree of fault. In the context of pre-existing conditions, this might involve determining the extent to which the current injury is attributable to the new incident versus the pre-existing condition.
4. Proving Aggravation of Pre-existing Conditions
Medical Testimony:
- Expert medical testimony is crucial in proving that the incident aggravated your pre-existing condition. Doctors can provide professional opinions on the extent of the aggravation and its impact on your health.
Diagnostic Tests:
- Diagnostic tests such as X-rays, MRIs, and CT scans are instrumental in showing changes in your condition. Comparing results from before and after the incident can clearly illustrate the aggravation.
Detailed Documentation:
- Maintaining thorough medical records, including notes from all healthcare providers and records of all treatments and medications, is essential. This documentation supports your claim by showing the progression and worsening of your condition.
5. Impact on Compensation
Full Compensation for Aggravation:
- Even with a pre-existing condition, you are entitled to full compensation for any aggravation caused by the incident. This includes medical expenses, lost wages, pain and suffering, and any other related costs.
Challenges in Claims:
- Insurance companies may attempt to reduce compensation by attributing symptoms to the pre-existing condition rather than the new injury. Having detailed medical evidence and legal representation is vital to counter these arguments.
6. Role of Legal Representation
Expertise in Personal Injury Law:
- An experienced personal injury attorney can navigate the complexities of claims involving pre-existing conditions. They can help gather the necessary medical evidence, secure expert testimony, and effectively present your case.
Negotiating with Insurance Companies:
- Insurance companies often try to minimize payouts. An attorney can negotiate on your behalf to ensure you receive fair compensation for the aggravation of your pre-existing condition.
Conclusion
Pre-existing conditions can complicate back injury claims, but they should not prevent you from seeking and obtaining fair compensation. By understanding the legal principles, gathering comprehensive medical evidence, and working with an experienced attorney, you can effectively manage your claim. If you or a loved one has a back injury exacerbated by an incident, contact Bill Connor at The Bill Connor Law Firm in Orangeburg, SC, for expert legal guidance and representation. Bill Connor is a combat veteran who became service-disabled due to a back injury sustained during an Airborne operation, giving him a unique and profound understanding of the challenges associated with back injuries. Our experienced injury attorney is dedicated to helping you secure the compensation you deserve.