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How Pre-existing Conditions Could Affect Your Personal Injury Claim

How Pre-existing Conditions Could Affect Your Personal Injury Claim
Mar 23, 2020 gnuworld
pre-existing condition

Having a pre-existing condition could affect your personal injury claim, especially if the condition isn’t properly disclosed.

However, a pre-existing condition doesn’t preclude you from making a personal injury claim. If you feel you have a legitimate claim, don’t be discouraged from pursuing it.

How pre-existing conditions in personal injury claims

Claimants can’t claim compensation for pre-existing conditions that weren’t directly affected by an accident.

However, this doesn’t affect claimants’ right to seek compensation for injury caused by another party’s negligence. A pre-existing condition doesn’t nullify or undermine a personal injury.

It’s also worth noting that compensation can be claimed if another party’s actions aggravate a pre-existing condition.

The thin skull rule

The thin skull rule states that a person’s medical situation at the time of an accident cannot be used as a defence to limit liability.

In other words, a defendant can’t use a claimant’s pre-existing medical condition to escape liability.

Suppose someone with limited mobility due to a hip replacement slips and falls in a shopping centre. The fall occurs on a wet surface, and there’s no warning signage or non-slip surfacing.

The owner or operator of the accident site is no less liable for the accident simply because the claimant was less mobile.

Declaring pre-existing conditions in a personal injury case

When pursuing a personal injury claim, it’s very important to declare any pre-existing condition.

Present the full and documented medical history of the condition, as diagnosed and treated by your doctor.

As part of the proceedings, medical experts will need to differentiate between your pre-existing condition, exacerbation of that condition and separate accident-related injuries. This will help determine the appropriate compensation, if any.

The importance of retaining qualified legal representation

Personal injury claims that involve aggravation to pre-existing conditions depend on expert legal representation.

Aim to retain a firm of attorneys with an experienced medico-legal team, as well as access to qualified medical experts.

Hiring a law firm with no experience in dealing with these kinds of cases could result in your claim being unsuccessful or you being under-compensated.

Personal injury claims with DSC attorneys

At DSC Attorneys, we specialise exclusively in the field of personal injury law and are experienced in handling claims that involve pre-existing medical conditions.

Our attorneys and medico-legal team can assess your claim, help prepare supporting evidence and represent you in legal proceedings, giving you the best chance of receiving the compensation you deserve. We work on a no win, no fee basis.

Contact us for more information or to discuss how a pre-existing condition could affect your personal injury claim.

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