When pursuing a personal injury claim in New York, the presence of prior injuries can significantly affect the outcome of your case. Personal injury law aims to compensate victims for the harm they suffer due to the negligence or recklessness of another party. However, if you have a history of medical issues or past injuries, the defense may argue that your current condition is not solely the result of the accident in question. In these cases, your prior injuries can become a point of contention that may influence the compensation you are entitled to receive.
This issue often arises in personal injury claims related to car accidents, slip and fall incidents, workplace injuries, and other similar scenarios. It is important to understand how your previous medical history will be examined, how it may be used by the defense to weaken your claim, and the steps you can take to ensure that your current injuries are properly evaluated and compensated. The Nicotra Law Firm, PC. is dedicated to guiding clients through personal injury cases, offering skilled legal support to help them secure the compensation they deserve.
The Legal Concept of the “Eggshell Plaintiff”
In personal injury law, there is a concept known as the “eggshell plaintiff” rule. This doctrine essentially states that a defendant must take a plaintiff as they find them, meaning that if a person with pre-existing conditions or prior injuries is harmed due to the defendant’s negligence, the defendant is still responsible for all the harm caused by their actions. This applies even if the plaintiff’s prior injuries or conditions made them more susceptible to injury than a person without such a history.
While the eggshell plaintiff rule is designed to protect those with prior injuries, it does not mean that the road to securing compensation will be without challenges. Insurance companies and defense attorneys will often look for ways to reduce their liability by questioning the extent to which the current injury is a result of the accident or incident in question as opposed to a worsening of prior injuries.
To successfully navigate these challenges, it is crucial to provide clear and thorough documentation of both your prior medical history and the new injuries resulting from the accident. Your medical records will play a significant role in proving that the accident either exacerbated your previous condition or caused a separate and distinct injury.
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Richard Nicotra
Andrew Connelly
Emily Oczytko
The Role of Medical Records in Personal Injury Claims
Medical records are an essential component of any personal injury claim, but they take on even greater importance when the plaintiff has a history of prior injuries. From the moment you file your claim, the defense will likely request access to your past medical records in order to assess the extent of your injuries. This is because they will seek to determine whether your current condition is attributable to the accident in question or if it is a continuation or aggravation of an existing injury.
Providing comprehensive medical records can actually work in your favor. These records help establish a baseline for your prior condition, allowing medical professionals to compare your state before and after the incident. If your injuries have worsened or if you sustained new injuries, your medical history will help differentiate between what was pre-existing and what resulted from the accident.
Additionally, your treating physician’s testimony can be invaluable. A doctor who has been monitoring your condition can provide insight into the impact of the accident on your prior injuries. They can confirm whether the accident worsened an existing condition or caused a new injury, helping to strengthen your claim.
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 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 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
How Insurance Companies Use Prior Injuries Against You
One of the tactics commonly employed by insurance companies is to argue that your current injuries are not related to the accident but are instead a result of your prior injuries or medical history. The goal of this strategy is to minimize the compensation they have to pay by shifting the blame for your current condition onto your previous health issues.
Insurance adjusters will closely scrutinize your medical records, searching for any indication that your injuries could be linked to pre-existing conditions. They may argue that you were already experiencing pain or symptoms before the accident, thereby attempting to reduce the settlement or deny the claim altogether.
This is why it is crucial to differentiate between your prior injuries and those resulting from the accident. Clear medical documentation, along with the opinions of medical professionals, can help refute these arguments and demonstrate the true extent of the harm caused by the accident.
Exacerbation of Pre-Existing Conditions
It is not uncommon for an accident to exacerbate a pre-existing condition, meaning that the injury worsened a previous medical issue. In New York personal injury law, a plaintiff can still recover damages for the worsening of a prior injury. However, the burden of proof lies with the plaintiff to show that the accident was the cause of the exacerbation.
For example, if you have a history of back pain and are involved in a car accident that aggravates your condition, you are entitled to compensation for the additional harm caused. However, you will need to present evidence that distinguishes between the pre-existing condition and the additional harm resulting from the accident.
Your medical provider’s records and testimony will be critical in proving that the accident led to an aggravation of your previous condition. The medical records should document your condition before the accident and the worsening of symptoms afterward. Without such documentation, the defense may argue that your current level of pain or disability was inevitable based on your prior condition, thereby undermining your claim for compensation.
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New Injuries Versus Prior Injuries
Distinguishing between new injuries and prior injuries is another key issue in personal injury claims. While insurance companies may attempt to link your current condition to prior injuries, it is possible that you have sustained new injuries that are separate from your medical history.
For example, if you were in a car accident and sustained whiplash, even though you previously had a back injury, you can seek compensation for the whiplash as a new injury. However, this requires clear documentation from your medical providers showing that the whiplash is unrelated to your pre-existing back condition.
The more clearly you can demonstrate that your injuries are new or that an accident has worsened your pre-existing injuries, the stronger your personal injury claim will be. It is crucial to work closely with your attorney and medical providers to gather and present all necessary documentation to support your case.
Challenges in Proving Your Claim
Proving a personal injury claim involving prior injuries can be more complex than cases where the plaintiff has no prior medical history. The defense will likely attempt to discredit your claim by attributing your injuries to your pre-existing condition rather than the accident. To overcome this, you will need to present strong evidence showing the difference between your condition before and after the accident.
Your attorney will need to carefully review your medical history, gather testimony from your treating physicians, and potentially consult with other medical professionals who can provide opinions on how the accident affected your prior condition. Thorough documentation and professional analysis of your medical records will be essential in countering the defense’s arguments.
In some cases, the defense may even hire their own medical professionals to offer alternative explanations for your injuries. These professionals may suggest that your current condition was inevitable due to your prior injuries, regardless of the accident. Having a skilled attorney who can effectively challenge these arguments and present compelling evidence to the contrary is crucial for the success of your claim.
The Importance of Legal Representation
Navigating a personal injury claim when prior injuries are involved requires a thorough understanding of both medical and legal issues. A personal injury attorney with experience handling cases involving pre-existing conditions can help you build a strong case by gathering the necessary evidence and anticipating the defense’s strategies.
Your attorney will work with your medical providers to establish a clear timeline of your injuries, showing how the accident caused new harm or worsened your prior condition. This is essential to ensuring that you receive fair compensation for your current injuries.
Without proper legal representation, you may find it challenging to overcome the defense’s attempts to downplay your injuries or link them to your medical history. A knowledgeable attorney can advocate on your behalf, ensuring that your rights are protected and that you are not unfairly penalized for having a pre-existing condition.
If you have been injured in an accident and are concerned about how your prior injuries may impact your claim, The Nicotra Law Firm, PC can provide the guidance and support you need. Our experienced legal team understands the complexities of personal injury claims involving pre-existing conditions, and we are committed to helping you pursue the compensation you deserve. Contact us today to schedule a consultation and discuss your case in detail. We will work tirelessly to protect your rights and advocate for your best interests throughout the legal process.