The Impact of Pre-existing Conditions on Personal Injury Claims in New Jersey: What You Need to Know
When you suffer an injury due to someone else’s negligence, securing fair compensation can become complex, especially if you have pre-existing conditions. Understanding how these conditions can impact your personal injury claim in New Jersey is crucial. This article provides a comprehensive overview of the key aspects to consider and steps to take to strengthen your case.
Understanding Pre-existing Conditions
Pre-existing conditions are medical issues or injuries you had before the accident occurred. These can include chronic illnesses like arthritis, previous injuries such as a herniated disc, or conditions like asthma. In personal injury claims, the presence of a pre-existing condition can complicate the process of proving that new injuries were caused by the accident.
Steps to Take After an Accident with Pre-existing Conditions
Seek Immediate Medical Attention
Regardless of the perceived severity of your injuries, it is essential to seek medical attention promptly. A healthcare professional can assess your condition, differentiate between new injuries and pre-existing conditions, and provide documentation crucial for your claim.
Disclose Your Pre-existing Conditions
Honesty is paramount in personal injury claims. Be transparent about any pre-existing conditions with your doctor and your attorney. Concealing this information can damage your credibility and negatively impact your case.
Document Everything
Maintain detailed records of all medical treatments, doctor visits, and any changes in your condition. This documentation will help establish the extent of the new injuries and how the accident aggravated your pre-existing conditions.
Follow Your Doctor’s Advice
Adhering to your doctor’s treatment plan not only aids in your recovery but also demonstrates that you are taking your health seriously. This can be important evidence that you are not exaggerating your injuries for the sake of the claim.
Consult with a Personal Injury Attorney
Navigating a personal injury claim with pre-existing conditions can be legally intricate. Consulting with an experienced New Jersey personal injury lawyer at Bramnick Law can help you understand your rights and build a strong case.
Legal Considerations in New Jersey
The Eggshell Plaintiff Doctrine
New Jersey law follows the “eggshell plaintiff” doctrine, which means that a defendant must take the plaintiff as they find them. This doctrine holds that even if a victim has a pre-existing condition making them more susceptible to injury, the defendant is still fully liable for the injuries caused by their negligence. For instance, if you have a pre-existing back condition that was exacerbated by a car accident, the negligent party is responsible for the full extent of your injuries.
Proving Aggravation of Pre-existing Conditions
To succeed in a personal injury claim involving pre-existing conditions, you need to demonstrate that the accident worsened your condition. This often requires:
- Medical Expert Testimony: A medical expert can provide an opinion on how the accident impacted your pre-existing condition.
- Comparative Medical Records: Showing your medical records before and after the accident can help establish the aggravation of your condition.
- Detailed Personal Account: Describing how your condition has worsened since the accident and how it has affected your daily life can be compelling evidence.
Insurance Companies and Pre-existing Conditions
Insurance companies often try to downplay or deny claims involving pre-existing conditions, arguing that your current symptoms are solely due to your prior condition and not the accident. Having a skilled personal injury attorney can help counter these tactics by providing thorough medical evidence and strong legal arguments to support your claim.
The Role of a Personal Injury Lawyer
Case Evaluation
An experienced personal injury lawyer will evaluate your case, considering all medical evidence and the circumstances of the accident. They will advise you on the best course of action and help you understand the potential value of your claim.
Gathering Evidence
Your attorney will gather comprehensive evidence to support your claim, including medical records, expert testimony, and witness statements. They will ensure that all documentation clearly demonstrates how the accident exacerbated your pre-existing condition.
Negotiation and Litigation
Your lawyer will negotiate with the insurance company on your behalf, striving to secure a fair settlement. If a satisfactory settlement cannot be reached, they will be prepared to take your case to court to fight for the compensation you deserve.
Injured in an Accident? Your Pre-existing Conditions Shouldn’t Hold You Back. Contact Bramnick Law Today for a Free Consultation
At Bramnick Law, our team of skilled New Jersey personal injury lawyers is dedicated to securing the compensation you deserve, regardless of any pre-existing conditions. With decades of experience, we understand the complexities of personal injury claims and how to navigate them effectively. We meticulously gather evidence, work with medical experts, and build strong cases to ensure your injuries are accurately represented and fairly compensated.
Don’t let insurance companies downplay your claim. Trust Bramnick Law to advocate for your rights with personalized attention and relentless determination. Our proven track record speaks for itself, demonstrating our commitment to achieving the best outcomes for our clients.
Maximize your chances of success by partnering with a firm that prioritizes your well-being and fights for justice. Contact us today for a free consultation and take the first step toward reclaiming your life.