When an accident in Maryland leaves you injured, it’s crucial to understand your legal options. If a pre-existing medical condition has been aggravated by an accident, you might be concerned that you won’t be eligible for any compensation. Please continue reading to learn about the “eggshell skull” rule and how our experienced Baltimore County Car Accident Attorneys can help you pursue the justice you deserve.
What is the Eggshell Skull Rule?
The “Eggshell Skull” or “Eggshell Plaintiff” rule in personal injury claims stipulates that a defendant must “take the plaintiff as they find them.” This essentially means that if a negligent act has aggravated a pre-existing injury, the defendant is responsible for the full extent of the aggravated injuries, even if a healthy individual would have suffered far less harm. That said, you can still pursue damages if an accident aggravates a pre-existing condition. You can receive compensation for the worsening of your condition, but not the pre-existing injury. Nevertheless, you’ll need substantial evidence linking the accident to your worsening symptoms.
How Do Pre-Existing Conditions Affect Maryland Injury Claims?
Insurance companies often seek valid grounds to minimize or reject personal injury claims. If you have a pre-existing medical condition, they could assert that your current symptoms stem entirely from that prior ailment, rather than the recent incident. Consequently, it’s crucial to clearly demonstrate how the accident aggravated or changed your previous state.
Another common tactic insurance companies employ is attributing all symptoms to the pre-existing condition, even when the accident demonstrably worsens them. They could also contend that no new injury was even sustained, implying that your pursuit of compensation is for an unrelated matter. Be careful what you post online, as they monitor social media activity. They will use your posts to argue that the severity of your injuries is exaggerated. These maneuvers can be countered effectively with the help of a skilled Baltimore County car accident attorney.
Are Medical Records Important?
Strong medical documentation is crucial for personal injury cases involving a pre-existing condition. A knowledgeable Baltimore County car accident attorney can help you establish the condition’s status before the accident and how it deteriorated after. Key documents to preserve include:
- Prior medical records
- Post-accident assessments
- Diagnosic results
- Doctor’s testimony
It’s crucial to avoid concealing a pre-existing condition as it can undermine your credibility. Insurance companies will find it, and transparency is the best defense.
At Markey & Orsi, we are prepared to help you challenge unjust assertions made by the insurance company regarding your pre-existing condition and new injuries. Contact our firm today to review your case and arrange a consultation.