Pre-existing medical conditions can make personal injury claims more complex. In some cases, they can be used to limit your recovery. However, in other cases, they could be used to your advantage.
You must work with an experienced Oklahoma City personal injury attorney with a proven track record of winning big for clients with pre-existing conditions. The Oklahoma personal injury attorneys at Warhawk Legal deeply understand how medical conditions play into a new claim for damages.
We know how defense attorneys and insurance companies will try to use your prior medical history to deny or limit their liability, and we know how to combat their tactics. A skillful personal injury lawyer fighting for your rights can help you recover the full compensation you deserve.
Contact us at (405) 397-1717 or visit our contact page to schedule a free consultation to discuss your case.
We will listen to you, answer your questions, and explain how your pre-existing condition may impact your case. If we represent you, we will fight tirelessly to build your strongest case and get you every dollar you deserve.
What is a Pre-Existing Condition?
According to the Department of Health and Human Services, a pre-existing condition is any illness or injury, whether physical or mental, that a patient has experienced before their insurance claim.
If you broke your nose playing baseball as a kid and then broke it again 20 years later in a car accident, that is not a pre-existing condition. However, if you suffer from migraines for years and they seem worse after your car accident, that would be considered a pre-existing condition.
Pre-existing injuries or illnesses are those that have not completely healed or for which you were receiving ongoing treatment before the accident occurred.
You can not recover damages for injuries or conditions you had before your accident. You must prove that you have new injuries or that your pre-existing injuries were worsened due to the defendant’s negligence.
If you have a pre-existing condition, insurance companies and defense attorneys will likely try to argue that any pain and suffering you now have is caused by the pre-existing condition, not by any new damage or injury from the accident. If they can prove this, they can deny or devalue your claim.
Common Types of Pre-Existing Conditions
A personal injury victim could have any number of pre-existing conditions or illnesses. However, some of the most common pre-existing conditions include:
- Traumatic brain injuries
- Chronic back injuries
- Chronic neck pain
- Sprains and strains
- Previously broken bones that cause chronic issues
These are just a few of the most common types of pre-existing conditions. Regardless of your pre-existing condition or injury, you must prove that the cause of your current injury or damage is the recent accident and not your pre-existing condition.
What is the Eggshell Skull Rule?
In some cases, a pre-existing condition can be used to an injury victim’s advantage. Oklahoma law recognizes the “eggshell skull rule,” also known as the “eggshell plaintiff doctrine,” which states that defendants must take a plaintiff as they find them.
This means that if a plaintiff has a pre-existing condition, the defendant is still responsible for any new injuries or worsening of the pre-existing condition. Even if the plaintiff has an unforeseeable or uncommon reaction to a defendant’s negligence or intentional actions, the defendant is liable for the injuries they caused the plaintiff.
Proving the cause of your current injuries and damages will be a huge contention between the parties. The defendant will try hard to place the blame on your pre-existing condition, while your attorney will argue that the accident has caused a new injury or a worsening of your pre-existing condition.
You must have the representation of an experienced, savvy Oklahoma City car accident attorney to prove that your damages were caused by the new accident. You need Warhawk Legal to fight for your rights and help you recover the full compensation you deserve.
Contact an Experienced Oklahoma City Personal Injury Lawyer
If you have been injured due to another party’s fault, you can seek compensation for your injuries. You should always consult an experienced Oklahoma personal injury lawyer to understand your rights and help you recover the compensation you deserve.
Experienced, skillful representation is even more important when your personal injury case is complicated. When you have a pre-existing condition, your personal injury claim can very quickly become complicated. Don’t settle for less than you deserve.
Be sure you have an Oklahoma City personal injury attorney with a proven track record of winning big for clients with pre-existing conditions. At Warhawk Legal, we have been protecting the rights of Oklahomans with pre-existing conditions for over 20 years, and we know how to get you every dollar you deserve.
Call us today at (405) 397-1717 or complete the short form on our contact page to schedule a free consultation. We look forward to meeting you, learning about your situation, and helping you recover maximum compensation.