People are often reluctant to disclose pre-existing conditions during a personal injury lawsuit. This is an understandable sentiment given that the at-fault party’s insurance company may not want to pay the claim voluntarily. They will be even less inclined to do so if they discover that a client has disclosed no pre-existing conditions. The client must understand that full disclosure is essential to receive compensation during a personal injury lawsuit.

Full disclosure is key

Different states have different names for the same general principle, “The Eggshell Theory”, the defense must take the plaintiff as he is. This means that if the plaintiff is prone to injury due to another condition, the defendant may still be held liable during the lawsuit.

Medical records are essential in a personal injury claim. Medical records can differentiate between old and new injuries. Your accounts in the plaintiff’s medical records may also help with the determination that the incident in question was aggravated or worsened.

In most lawsuits, it is not the existence of a preexisting condition that causes problems, but the omission of that injury. When a plaintiff hides the fact that he has some health problems and did not disclose them for the lawsuit, that plaintiff’s credibility is in question, not his injury.

negligence test

Legal counsel for a plaintiff in a personal injury case has the task of proving that the defendant’s actions or inaction in a situation caused the plaintiff harm. Legal counsel will likely obtain accident reports, if any, to help their case. Incorporating a plaintiff’s medical records can help show a difference between an old (pre-existing) injury and the new injury that is the subject of the lawsuit.

It is still possible to recover damages in a lawsuit if the new injuries worsened the pre-existing ones. The only time this is not true is when the plaintiff tries to hide the fact that they exist. Legal counsel will be able to help the claimant work out the details of their case, including disclosing the pre-existing condition.

How to get help from personal injury lawyers

Personal injury attorneys are no strangers to handling cases with pre-existing conditions woven into them. These attorneys even know all the tricks that insurance companies try to use to avoid paying the victim. That is why victims should never try to handle their case on their own, especially if they have pre-existing conditions present. Personal injury attorneys can help their clients receive the maximum compensation or fair settlement they deserve, even if they have a pre-existing condition present. The best part is that most personal injury firms only get paid if they win your case. That means no legal fees for you unless they win and you receive compensation.