What Personal Injury Victims Need to Know About Pre-Existing Conditions
Navigating a personal injury claim can be a challenging process, and things can get especially rough when the other side is downplaying their liability for your injury by claiming you have a pre-existing condition that is causing your present symptoms. This is a fairly common tactic practiced by insurance companies, and it is one our experienced personal injury attorneys are well-versed in dealing with. Learn more below about what New York personal injury law has to say about pre-existing conditions, and if you’ve been hurt in a vehicle accident, slip and fall, or workplace accident in the Hudson Valley, contact Dupée & Monroe, P.C. for help from a team of skilled and knowledgeable New York personal injury lawyers.
The Significance of Pre-existing Conditions in Personal Injury Claims
When an individual suffers an injury due to someone else’s negligence, it is essential to understand how pre-existing conditions might affect their personal injury claim. In New York, the law recognizes that a pre-existing condition can play a significant role in both the injury’s severity and the recovery process. Key points to consider include:
-
Definition of Pre-existing Conditions: These are medical issues or injuries that existed prior to the accident. Common examples include chronic back pain, arthritis, or prior surgical procedures.
-
Aggravation of Pre-existing Conditions: In many personal injury cases, a new accident may worsen a pre-existing condition. It’s crucial to demonstrate how the incident exacerbated the condition.
-
Medical Documentation Is Vital: Accurate and comprehensive medical records are essential. They provide a baseline of your health before the accident and show the extent of the aggravation caused by the incident.
-
Honesty Is Crucial: Always be open about your medical history. Concealing pre-existing conditions can harm your credibility and negatively impact your claim.
Legal Considerations in New York
New York law acknowledges the complexity of cases involving pre-existing conditions. The state’s legal framework operates under the principle that a negligent party cannot escape liability simply because the victim has pre-existing vulnerabilities.
The “Eggshell Plaintiff” doctrine is particularly relevant in New York. This legal principle states that a defendant must take the victim as they find them. In other words, just because a person with a pre-existing condition is more susceptible to injury, the negligent party is still responsible for all the injuries caused, even if those injuries are more severe than what a healthier person might have suffered.
Tips for Personal Injury Victims with Pre-existing Conditions
-
Seek Immediate Medical Attention: After an accident, get a thorough medical evaluation. This will document the state of your pre-existing condition post-accident.
-
Consult with a Personal Injury Attorney: Professional legal advice is vital. Lawyers with expertise in handling cases with pre-existing conditions can manage your claim right from the start, heading off any insurance company pushback or dealing with it as it arises.
-
Maintain Consistent Medical Treatment: Follow your doctor’s recommendations. Consistent medical treatment not only aids in your recovery but also provides a clear record of the accident’s impact on your pre-existing condition.
How Dupée & Monroe, P.C. Can Assist
At Dupée & Monroe, P.C., we understand the nuances of personal injury claims involving pre-existing conditions and have a long record of success handling all manner of personal injury cases in New York. Our team is dedicated to providing personalized legal support, ensuring that your rights are protected, and advocating for the full compensation you deserve. Our approach includes:
-
Personalized Case Evaluation: We carefully review your medical history and the specifics of your case to build a strong claim.
-
Expert Negotiation: Our attorneys are skilled in negotiating with insurance companies, ensuring that your pre-existing conditions are fairly represented.
-
Comprehensive Legal Representation: From gathering evidence to representing you in court, we handle every aspect of your case with professionalism and dedication.
Contact our Goshen Personal Injury Lawyers After an Accident in the Hudson Valley
For individuals in the Hudson Valley who have suffered an injury due to someone else’s negligence, understanding the role of pre-existing conditions in personal injury claims is crucial. With the right legal support, victims can navigate these challenges and work toward securing the compensation they rightfully deserve. After a car crash or other injury accident in the Hudson Valley, call Dupée & Monroe, P.C. in Goshen at 845-294-8900 for a free consultation. There is no fee until after we recover compensation on your behalf.
