In personal injury claims, the presence of pre-existing conditions often carries considerable weight. These are medical conditions or injuries that individuals already have prior to the accident or incident that resulted in their personal injury claim. Pre-existing conditions can introduce complexities into personal injury cases, particularly in relation to establishing liability and assessing damages. In Philadelphia, the expertise of a proficient medical malpractice law firm becomes indispensable when handling personal injury claims that involve pre-existing conditions.
A pre-existing condition can range from chronic illnesses such as diabetes or heart disease to prior injuries like a fractured bone or a herniated disc. The presence of these conditions can make it challenging to establish a direct link between the accident and the injuries sustained. Insurance companies and defense attorneys often argue that the injuries were not caused by the accident but were a result of the pre-existing condition. This is where the expertise of a Philadelphia medical malpractice lawyer comes into play.
One of the key responsibilities of a medical malpractice lawyer is to gather and present evidence to support their client’s personal injury claim. In cases involving pre-existing conditions, they must demonstrate that the accident or incident worsened the condition or directly caused new injuries. This requires a thorough understanding of medical records, expert opinions, and other evidence to build a strong case.
Medical experts play a crucial role in establishing the impact of a pre-existing condition on a personal injury claim. They can provide professional opinions on whether the accident aggravated the condition or caused additional injuries. For example, a Philadelphia medical malpractice lawyer may consult with orthopedic specialists, neurologists, or other relevant experts to determine the extent to which a pre-existing spinal injury was exacerbated by a car accident.
In personal injury cases involving pre-existing conditions, the concept of “eggshell plaintiffs” often comes into play. The eggshell plaintiff rule states that defendants must take their victims as they find them, regardless of any pre-existing conditions. In other words, if a person has a pre-existing condition that makes them more susceptible to injury, the defendant is still liable for the full extent of the harm caused.
However, proving the eggshell plaintiff rule can be challenging. Insurance companies and defense attorneys may argue that the injuries were primarily caused by the pre-existing condition and not the accident. They may try to downplay the impact of the accident or shift blame onto the victim. This is where having experienced Philadelphia medical malpractice lawyer is crucial. They have the expertise to counter these arguments and ensure their clients receive the compensation they deserve.
When it comes to calculating damages in personal injury claims involving pre-existing conditions, the process can be complex. The plaintiff is entitled to compensation for both the aggravation of the pre-existing condition and any new injuries caused by the accident. Medical records, expert opinions, and other evidence are crucial in determining the extent of these damages.
Consult with a Philadelphia medical malpractice attorney about how your pre-existing conditions could affect your case
In conclusion, pre-existing conditions can significantly influence personal injury claims. They can complicate the process of establishing liability and calculating damages. However, with the help of a skilled Philadelphia medical malpractice attorney, individuals can navigate these complexities and ensure their rights are protected. By gathering compelling evidence, consulting with medical experts, and leveraging legal expertise, these lawyers can help their clients receive fair compensation for their injuries, regardless of any pre-existing conditions they may have had.