Personal injury claims are a common occurrence in the United States, with approximately 400,000 cases filed each year. A significant portion of these claims involve plaintiffs with pre-existing health conditions, which personal injury attorneys know can greatly impact the outcome of a case. In this article, we will examine how pre-existing conditions factor into personal injury lawsuits and why thorough medical documentation is crucial.
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The Prevalence of Pre-Existing Conditions
According to statistics, over one-third of personal injury plaintiffs have pre-existing medical conditions. This highlights the need for lawyers to fully investigate and document their client’s health history. Certain states also have higher rates of conditions like hypertension, diabetes, and obesity. For example, West Virginia has the shortest life expectancy in the country at just 73.9 years. Arkansas also sees above average rates of high blood pressure, with 40.7% of adults affected. Understanding the health profile of your state can help build a stronger case.
How Pre-Existing Conditions Affect Claims
Pre-existing conditions matter in injury cases because the defense will often argue that some or all of the plaintiff’s current symptoms and conditions are unrelated to the incident. They may claim that the symptoms stem from a prior illness or injury instead. Thorough medical records and expert testimony are needed to refute these arguments. Plaintiffs with pre-existing conditions may also have more difficulty proving and quantifying pain and suffering damages. Jurors may doubt that all of the claimed losses were truly caused by the defendant’s actions.
The Impact on Damages
Pre-existing conditions can reduce the amount of damages awarded in several ways. First, defendants will claim prior injuries caused some of the impairments, arguing the plaintiff was not “whole” before the incident. Second, pre-existing conditions may lengthen the recovery time and process, allowing defense to argue on causation. Finally, plaintiffs with prior health problems may be less employable in general. This can reduce claims for lost income and earning potential. Overall, pre-existing conditions often substantially decrease the settlement value and jury verdicts.
The Importance of Medical Documentation
Meticulously documenting the plaintiff’s pre-incident health is crucial to overcoming defense arguments. This includes obtaining all medical records, especially for the past 5-10 years. Areas of focus should include diagnostic testing results, physician notes, and workers’ compensation claims. Be sure to gather records related to the pre-existing condition itself and any past injuries/symptoms for the same body part injured. Expert reviews of the records are also important to pinpoint the plaintiff’s baseline status. Thorough documentation provides the proof needed to maximize damages.
Proving Causation in St. Louis, MO
Despite pre-existing issues, it is still possible to successfully prove the defendant’s actions directly caused the claimed injuries and losses. Medical records from shortly before the incident help establish baseline health and functioning. Records created immediately after demonstrate the sudden onset of new symptoms/impairments. Personal injury attorneys can analyze and compare these records to show the injuries align with the accident and were not merely a natural progression of prior conditions. Causation arguments will be much stronger with contemporary documentation.
Pre-existing health conditions are quite common among personal injury plaintiffs. However, through diligent medical record collection and expert testimony, skilled attorneys can still build a compelling case for full damages. Thorough documentation and evidence are the keys to overcoming defense arguments on causation and damages. With proper preparation, justice can still be achieved even with a plaintiff who has prior medical issues.
