One of the most common questions clients have after suffering a slip and fall or other premises liability accident is how prior injuries will affect their case. Many initially assume that they may have no right to compensation because of this. Fortunately, this is a misconception.
How a Pre-Existing Injury Can Influence Your Current Premises Liability Case
A pre-existing injury is a medical condition that you suffered to the same body part prior to your accident. If you suffered one of these injuries, you can expect the negligent property or business owner’s insurance company to raise this as a reason to deny or reduce your claim. However, here’s why they may not reduce your settlement:
- Under the eggshell plaintiff rule, the negligent party takes you as you are, no matter what your prior medical condition was. If your prior injury made you more susceptible to your current injuries, it should not reduce the amount of compensation that you are entitled to.
- While you have the initial burden of proving your injuries were caused by your accident, the negligent party would have to establish the opposite—that your injuries were caused by a prior event.
- Having proper medical records and a good medical expert is essential in helping you defeat the insurance company’s arguments about your prior medical condition.
Importance of Disclosing Pre-Existing Conditions to Your Attorney
If you have a pre-existing injury to the same body part injured in a premises liability accident, it is essential to disclose this to your experienced premises liability attorney. If you fail to do so, you reduce your credibility as a witness and can significantly weaken your ability to obtain a fair settlement. When you are honest about your injuries, your lawyer can work with your doctors to help explain how the current accident aggravated them or have no bearing on a prior condition, which is sometimes the case.
Are you concerned about how your pre-existing medical condition could impact on your premises liability claim? Our skilled legal team has years of experience dealing with this issue in other clients’ cases and have strategies to defeat the insurance company’s attempts to reduce to your case. Take advantage of our free consultation to discuss this and other issues in your case. Fill out our online form to schedule your appointment today.