The Impact of Pre-Existing Conditions on Broken Bone Injury Claims
When pursuing a personal injury claim for a broken bone, one significant factor that can influence the outcome is the presence of pre-existing conditions. These are health issues that existed before the accident occurred. At Mainor Ellis in Las Vegas, we work to ensure our clients receive fair compensation for broken bone injuries.
How Pre-existing Conditions Influence Claims
Insurance companies and defense attorneys often scrutinize personal injury claims involving pre-existing conditions. They may argue that the current injury is not as severe as claimed or that it is primarily due to the pre-existing condition rather than the accident itself. This can complicate the claims process and potentially reduce the compensation awarded to the injured party.
The Eggshell Plaintiff Doctrine
One legal principle that protects plaintiffs with pre-existing conditions is the “eggshell plaintiff” doctrine. This rule asserts that defendants must take their victims as they find them. In other words, if a person’s pre-existing condition makes them more susceptible to injury, the defendant is still fully liable for the injuries caused by their negligence. For instance, if someone with osteoporosis suffers a broken bone in a car accident, the at-fault driver is responsible for the full extent of the injury, even if a healthier person might not have been as severely affected.
Apportioning Damages
In some cases, courts may attempt to apportion damages between the pre-existing condition and the injury caused by the accident. This process involves determining what portion of the injury is attributable to the accident and what portion is due to the pre-existing condition. Medical expert testimony is often crucial in these types of personal injury cases, as doctors can provide insight into how the accident exacerbated the existing condition.
Proving Aggravation of Pre-existing Conditions
To succeed in a personal injury claim involving a pre-existing condition, plaintiffs must demonstrate that the accident aggravated their condition. This typically requires comprehensive medical records documenting the state of the condition before and after the accident. Consistent medical treatment and clear communication with healthcare providers are essential. Detailed records can help show how the injury sustained in the accident differs from or worsened the pre-existing condition.
Settlements and Court Decisions
Pre-existing conditions can significantly influence settlement negotiations and court decisions. Insurance companies might offer lower settlements, arguing that the injury’s severity is partly due to the pre-existing condition.
In court, judges and juries will consider the evidence presented by both sides. They will evaluate the extent to which the accident aggravated the pre-existing condition and decide on appropriate compensation. Plaintiffs must be prepared to counter arguments that downplay the accident’s impact.
Reach Out to Our Office Today
If you have a pre-existing condition and have suffered a broken bone due to an accident, consulting with an experienced personal injury attorney is essential. At Mainor Ellis, our dedicated Las Vegas broken bone injury lawyers understand the nuances of these cases and are committed to securing the compensation you deserve. Contact us today for a consultation to discuss your situation and learn how we can help.
