Personal Injury Lawyer Wellington
Accidents in Wellington can result in life-changing injuries, but you don’t have to navigate the aftermath alone. Donaldson & Weston is committed to helping personal injury victims understand their legal rights and seek the compensation they deserve. Whether you were injured in a motor vehicle accident, on dangerous property, or another incident, our team is here to help. Call us today at 561-786-3369 for a free consultation and let us review your case.
Our personal injury services in Wellington include:
- Motorcycle Accidents
- Car Accidents
- Truck Accidents
- Pedestrian Accidents
- Slip and Falls
How Pre-Existing Conditions Affect Personal Injury Claims
When you’re pursuing a personal injury claim, one of the factors that may affect your case is whether you have any pre-existing conditions. A pre-existing condition is any health problem or injury that you had before the accident that caused your current injuries. While it’s not uncommon for people to have underlying health conditions, these conditions can complicate personal injury claims.
Understanding how pre-existing conditions affect personal injury cases is crucial. If you’re in Wellington and involved in an accident, knowing how your medical history may influence your claim can help you navigate the process more effectively.
What Are Pre-Existing Conditions?
Pre-existing conditions are any medical conditions, injuries, or illnesses that existed before an accident or injury. These can include chronic conditions like arthritis, back pain, or heart disease, as well as prior injuries from past accidents. Even conditions that were well-managed or didn’t cause significant symptoms before the accident can play a role in your claim.
For example, if you were in a car accident and had a history of back problems, the accident may have aggravated or worsened your existing condition. However, this doesn’t mean that you cannot pursue compensation for your injuries. The key lies in how the injury has affected your health and whether the accident made the condition worse.
How Pre-Existing Conditions Can Impact Your Claim
In a personal injury case, the goal is to prove that the defendant’s actions directly caused your injury and that you deserve compensation. When pre-existing conditions are involved, proving this causation can become more complicated. Here’s how:
- Aggravation of Existing Conditions
In many cases, an accident may aggravate a pre-existing condition. For instance, a car accident may cause further damage to an individual with a previous neck injury. In such cases, you can still pursue compensation for the aggravation of your pre-existing condition. However, it is essential to prove that the accident specifically worsened your condition.
This is where medical evidence becomes crucial. Doctors may need to provide expert testimony to explain how the injury from the accident exacerbated the pre-existing condition. Without clear medical evidence linking the aggravation to the accident, it may be difficult to prove that the injury was caused by the event.
- The Eggshell Plaintiff Rule
Florida follows a legal doctrine called the “eggshell plaintiff” rule. This rule means that if you have a pre-existing condition, the defendant is still liable for the full extent of the injury, even if your injury is more severe because of your condition. In other words, just because your injury is worse than it might have been for someone without the condition doesn’t absolve the defendant of liability.
For example, if you were in a car crash and suffered a head injury that aggravated a prior brain injury, the defendant is still responsible for the injury, even if it might have been less severe for someone without a previous brain injury. The law doesn’t hold you to a “normal” standard; rather, it holds the defendant accountable for the harm they caused you, even if your injury was worse due to pre-existing conditions.
- Insurance Companies and Pre-Existing Conditions
Insurance companies often look for ways to minimize their payouts, and a pre-existing condition can provide them with an opportunity to argue that the injury isn’t entirely the result of the accident. They might claim that the condition was simply aggravated by the accident and that it was already present before the crash. This is why it is essential to provide thorough documentation of your medical history and the specifics of the injury caused by the accident.
Insurance adjusters might also argue that the injury could have been caused by something unrelated to the accident. For example, if you have a history of back pain, they may argue that your pain after the accident is just a continuation of your previous issues. To fight back against these arguments, your lawyer may need to demonstrate how the accident made the condition worse or triggered new symptoms.
- Burden of Proof
In personal injury claims, the burden of proof rests on the plaintiff, meaning it’s your responsibility to show that the defendant’s actions directly caused your injury. If you have a pre-existing condition, proving that the accident caused a specific injury becomes more challenging.
Your attorney will need to gather evidence showing that the accident led to a new injury or aggravated a pre-existing condition. This may involve obtaining medical records from before and after the accident, expert witness testimony, and possibly additional diagnostic tests to establish how the injury is related to the accident.
- Contributory Factors and Causation
In some cases, it may be difficult to pinpoint exactly how much of your injury is related to the accident and how much is attributable to your pre-existing condition. This is where medical experts can help by offering testimony on how the accident contributed to your injury and the extent to which it aggravated your condition.
For example, if you have chronic knee pain from a prior injury, and the accident causes you to further injure the knee, the medical expert can help differentiate the pain that existed before the accident and the pain caused by the accident. This distinction is critical for determining the appropriate level of compensation.
What Steps Can You Take to Strengthen Your Case?
If you have a pre-existing condition and are filing a personal injury claim, there are several steps you can take to protect your case:
- Document Your Medical History
Keeping a detailed record of your medical history is essential. This includes doctor visits, treatment plans, and any medications you take. These records can be used to show the condition of your health before the accident and help establish a baseline for comparison.
- Get a Comprehensive Medical Evaluation
After the accident, it’s important to get a comprehensive medical evaluation to assess the extent of your injuries and how they may be connected to your pre-existing condition. This evaluation should be done by a healthcare provider who is familiar with both your pre-existing condition and the injuries caused by the accident.
- Consult with an Experienced Personal Injury Attorney
Having a personal injury attorney who understands the challenges of dealing with pre-existing conditions is crucial. An experienced lawyer can help you gather the necessary evidence, consult with medical experts, and build a compelling case that demonstrates how the accident aggravated your condition.
- Work with Medical Experts
Medical experts can help clarify the connection between your pre-existing condition and the new injuries caused by the accident. Their testimony can make it easier for the court to understand how the accident worsened your condition and what impact that has on your overall health.
Contact a Wellington Personal Injury Attorney Now
Navigating a personal injury claim in Wellington doesn’t have to be a daunting task. The experienced attorneys at Donaldson & Weston are here to guide you through every step of the process and fight for the compensation you deserve. Call 561-786-3369 today to schedule your free consultation and get started on your path to recovery.
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