The Impact of Preexisting Conditions on New York Construction Accident Claims

If you’ve been injured in a construction accident, the legal process can feel overwhelming. You might be in pain and confused about your injury claim. It’s normal to feel uncertain, especially if you have preexisting conditions that complicate your case. We understand what you’re going through and are here to help. Our firm is dedicated to guiding you through these legal complexities to give you the best chance of a successful outcome.

Understanding Preexisting Conditions and Construction Accidents

Construction accidents in New York can happen suddenly, often resulting in serious injuries. These can range from broken bones to severe damage like spinal cord injuries. If you have a preexisting condition, such as a back injury or joint issues, your claim may become more complicated. Conditions like arthritis, previous surgeries, or chronic illnesses can all play a role.

Having a preexisting condition doesn’t mean you can’t get compensation after an accident. In fact, you may still be entitled to it, even if your injuries worsen an existing condition. However, unique challenges arise when a preexisting condition is involved in your claim.

How Preexisting Conditions Affect Construction Accident Claims

With a preexisting condition, insurance companies might argue your injuries aren’t solely from the accident. They may claim your condition caused or contributed to your current pain or disability. This is known as the “eggshell plaintiff” rule, which holds the defendant responsible for the full extent of your injury, even if a preexisting condition made it worse.

This can complicate your case. The opposing side may try to downplay your injuries or argue you were prone to this type of injury. Insurance companies might also offer you less compensation than you deserve. That’s why having an experienced lawyer is crucial. We ensure you get the compensation needed for medical bills, lost wages, and pain and suffering.

Richard Nicotra

Founding Partner

Andrew Connelly

Managing Partner

Emily Oczytko

Associate Attorney

Proving the Connection Between Your Accident and Injuries

One challenge with preexisting conditions is showing the accident aggravated your injury. Sometimes, it’s tough to prove the accident made your condition worse. For example, if you had a bad knee and the accident caused further damage, the opposing party might argue your issues stemmed from your preexisting condition.

To build a strong case, it’s vital to demonstrate the accident significantly contributed to your injury. Medical records, expert testimony, and documentation of your condition before and after the accident are essential. Your doctor can confirm the extent of your injury and how the accident worsened it. Additionally, medical professionals can explain how your preexisting condition interacts with the new injury, which is crucial for your claim.

Quote

Richard Nicotra represented my husband for a motorcycle case. His professionalism and empathy during the case was exceptional. The professionalism Displayed by the firm and staff was truly appreciated.. I highly recommend Richard and his practice for any of your needs.”

- Lisa Isenberg

Quote

I used Andrew Connelly after I was in a car accident, and he has been my go-to for over 10 years when anyone has asked for a recommendation for a no-fault attorney. His knowledge, patience, and professionalism go a long way in making an often difficult and challenging situation easier. He is reliable, and someone you can trust to get the job done right. The 5 stars are well deserved."

- Andrea Mccarthy

Quote

Rick Nicotra from the Nicotra Law Firm PC is a very honest, knowledgeable, and genuinely caring attorney. Furthermore, he is very personable and always available for you whether it be a text, email, or phone call. Rick and his team are exceptional. They treat you like family and are second to none. I would recommend Rick Nicotra and his team from The Nicotra Law Firm PC."

- Chad

The Role of Medical Documentation in Your Claim

If you have a preexisting condition and are pursuing a claim, medical documentation is critical. Comprehensive records tracking your health before and after the accident will help show how the accident affected you. Your doctor’s testimony can be vital in demonstrating the cause of your injury and its aggravation due to the accident.

Following through with medical treatment after the accident is also important. Missing appointments or not seeking necessary treatment can be used against you. Your treatment history provides evidence that can support or weaken your case. It’s essential to stay on top of your health care. If you’re worried about how your preexisting condition might affect your case, discuss it with your medical provider and attorney to ensure everything is documented.

Insurance Companies and the Defense Strategy

Insurance companies often focus on minimizing payouts rather than offering fair settlements. If you have a preexisting condition, they may argue your injuries aren’t from the accident but due to your existing health problems. Their goal is to reduce liability by minimizing the connection between the accident and your injury.

Having an experienced attorney makes a big difference here. We can help you navigate your case, gather evidence, and work with your doctors to show how the accident caused or worsened your injury. By building a solid case with clear medical evidence and legal strategy, we can ensure you have the best chance of a successful outcome.

Related Videos

How should I choose a personal injury attorney for my claim?

Insurance companies dirty tricks

Your Right to Compensation Despite Preexisting Conditions

Even with a preexisting condition, you have the right to seek compensation for injuries caused or worsened by a construction accident. New York law allows you to recover for medical expenses, lost wages, and pain and suffering, regardless of your prior health. The key is proving the accident contributed to or worsened your condition.

You shouldn’t have to bear the financial burden of an injury caused by someone else’s negligence. If unsafe work conditions, improper equipment, or another party’s negligence caused your injury, you may be entitled to compensation. Working with a legal professional is essential to building a strong case and protecting your rights.

Building a Strong Case with Preexisting Conditions

Having a preexisting condition and getting injured in a construction accident? It’s vital to build a strong case. The defense might claim your injury is due to your prior health issues. So, your lawyer needs to show clear proof linking your injury to the accident, showing it worsened due to the accident. First, get your medical history. This proves your condition before the accident. Collect doctor visits, prescriptions, and hospital records. These show how you managed your condition. They are key evidence.

The Role of Witnesses

Witnesses are also key. Eyewitnesses can detail the accident, showing negligence. This includes construction workers or bystanders. Their accounts link the accident to your injury. For instance, a coworker might say you were fine before the accident. They can testify that the accident caused immediate pain. This proves the accident’s role in your injuries.

Dealing with Insurance Companies

Insurance companies aim to minimize payouts. They might argue your injury is due to preexisting conditions. So, they offer low settlements or deny claims. Having a skilled attorney is crucial. They negotiate and understand insurance tactics. They fight for fair settlements, covering medical bills, lost wages, and pain. Insurance companies often push for quick settlements. Don’t accept offers without consulting an attorney. Early settlements often mean less compensation. Your lawyer ensures offers are fair based on your injuries and future needs.

The Importance of Patience and Persistence

Claims can take time, especially with preexisting conditions. It involves negotiating and preparing for trials. This can be frustrating. But patience and persistence are key. Gathering evidence takes time. This includes records, statements, and expert testimony. Negotiating settlements or preparing for trial also takes time. Stay in touch with your attorney for updates and guidance. The process may feel slow, but it’s worth it. A skilled attorney boosts your chance for deserved compensation.

At The Nicotra Law Firm, PC, we understand the challenges of construction accident claims, especially with preexisting conditions. We’re here to guide you and ensure you get the compensation you deserve. If you’ve been injured and have a preexisting condition, reach out. Our attorneys are ready to listen, answer questions, and fight for you. We offer free consultations to discuss your case and options. Let us handle the complexities while you focus on healing. Contact us today to start securing the compensation you need. We’re here to help.

To learn more about this subject click here: Third-Party Liability in New York Construction Accident Cases