How Pre-Existing Conditions Play Spoilsport in a Personal Injury Claim in Bridgeport
Connecticut is a small and charming state filled with bustling cities like Bridgeport. The vibrant atmosphere of this city can be a double-edged sword. While Bridgeport offers charm and opportunity, it can also pose hidden dangers.
Take one wrong step on an uneven sidewalk, and you might find yourself dealing with unexpected injuries. But what if you already had a back problem? Does that trip automatically disqualify you from getting compensation in Bridgeport?
Many residents worry that pre-existing conditions throw a wrench into their personal injury claims. Here's the good news: In Bridgeport, pre-existing conditions don't automatically sink. It just adds another layer of complexity to the legal landscape. With an excellent personal injury lawyer in Bridgeport, you can navigate the process and get fair compensation.
What is Legally Considered a Pre-existing Condition?
Here is a general breakdown of what the law considers a pre-existing condition.
● Diagnosed Conditions:
Any medical condition you were previously diagnosed with by a doctor falls under this category. Examples include:
● Undiagnosed but Existing Conditions:
Even if you weren't officially diagnosed, if you had symptoms or received treatment for a condition before the accident, it might be considered pre-existing. For instance:
What's Generally NOT Considered Pre-Existing:● Injuries from a Previous Accident:
Injuries sustained in a separate accident wouldn't be considered pre-existing for a new accident. However, if the new accident aggravates the old injury, it might get complicated.
● Normal Wear and Tear:
The natural aging process and general wear and tear on your body wouldn't be considered pre-existing conditions.
How Pre-Existing Conditions Affect Your Claims
The insurance company representing the at-fault party might try to downplay the extent of their responsibility by arguing that your pre-existing condition was the main cause of the injury. With a competent lawyer by your side, you can call their bluff.
You should invest your time and effort into finding a lawyer who can efficiently:
Your medical records before the accident are crucial to your case. They can serve as legal documents that establish a baseline for your condition's severity.
With clear documentation, you can argue that the accident caused a new injury on top of the pre-existing one. By doing this, you'll be strengthening your claim for compensation for the new injury.
Your Saving Grace: The Eggshell Skull Rule
Take one wrong step on an uneven sidewalk, and you might find yourself dealing with unexpected injuries. But what if you already had a back problem? Does that trip automatically disqualify you from getting compensation in Bridgeport?
Many residents worry that pre-existing conditions throw a wrench into their personal injury claims. Here's the good news: In Bridgeport, pre-existing conditions don't automatically sink. It just adds another layer of complexity to the legal landscape. With an excellent personal injury lawyer in Bridgeport, you can navigate the process and get fair compensation.
What is Legally Considered a Pre-existing Condition?
Here is a general breakdown of what the law considers a pre-existing condition.
● Diagnosed Conditions:
Any medical condition you were previously diagnosed with by a doctor falls under this category. Examples include:
- Diabetes
- Heart disease
- Arthritis
- Cancer
- Mental health conditions
● Undiagnosed but Existing Conditions:
Even if you weren't officially diagnosed, if you had symptoms or received treatment for a condition before the accident, it might be considered pre-existing. For instance:
- Chronic back pain (even if not formally diagnosed)
- Allergies
- Migraines
What's Generally NOT Considered Pre-Existing:● Injuries from a Previous Accident:
Injuries sustained in a separate accident wouldn't be considered pre-existing for a new accident. However, if the new accident aggravates the old injury, it might get complicated.
● Normal Wear and Tear:
The natural aging process and general wear and tear on your body wouldn't be considered pre-existing conditions.
How Pre-Existing Conditions Affect Your Claims
The insurance company representing the at-fault party might try to downplay the extent of their responsibility by arguing that your pre-existing condition was the main cause of the injury. With a competent lawyer by your side, you can call their bluff.
You should invest your time and effort into finding a lawyer who can efficiently:
- Gather evidence to prove that the accident happened due to the at-fault party’s negligence
- Document how the accident aggravated your pre-existing condition
- Utilize medical records to establish the pre-existing condition but also show a worsening of symptoms after the fall
Your medical records before the accident are crucial to your case. They can serve as legal documents that establish a baseline for your condition's severity.
With clear documentation, you can argue that the accident caused a new injury on top of the pre-existing one. By doing this, you'll be strengthening your claim for compensation for the new injury.
Your Saving Grace: The Eggshell Skull Rule
Thankfully, Connecticut law applies the "eggshell plaintiff rule." This means the at-fault party takes you "as they find you." If their negligence caused your injury, they're liable for the full extent of the damage, even if a pre-existing condition makes your injuries worse.
Let's say the same Bridgeport sidewalk trip caused a minor sprain in most people. However, due to your old ankle sprain, it develops into a more serious fracture. Under the eggshell rule, the responsible party would still be liable for the cost of treating the fracture, even though your pre-existing condition played a role in its severity. |
You still have to prove the other party's negligence caused the original injury. In our example, you'd need to demonstrate that the sidewalk was cracked due to neglect and that it directly caused you to trip and fall.
Conclusion
Your preexisting condition doesn’t have to be the reason you’re cheated out of compensation. What you need is a competent lawyer that can help you fight the tricks and railroads of the at-fault party and their team to pay up.
Conclusion
Your preexisting condition doesn’t have to be the reason you’re cheated out of compensation. What you need is a competent lawyer that can help you fight the tricks and railroads of the at-fault party and their team to pay up.