If you’ve been injured because of the actions of negligence of another individual or entity, you may have cause to file a personal injury lawsuit. But what if you had a pre-existing injury or medical condition? Will that impact your ability to collect the compensation you deserve?
Personal injury lawsuits – the basics.
Let’s start by defining a personal injury lawsuit. This is a lawsuit filed by someone who has been injured as the result of the actions or negligence of another person or entity. The injured party – the person filing the suit called a plaintiff – can ask for compensation for their injuries, including medical expenses, lost wages, and pain and suffering, and emotional distress. A personal injury lawsuit can arise from a wide variety of incidents, including car wrecks, workplace accidents, medical malpractice, defective products or slip and fall accidents, to name a few.
So let’s say you’ve been injured and feel you have cause to file a suit. The first thing you should do – after you’ve received medical care, of course – is contact an experienced personal injury attorney like Andrew Barr or Valerie Fulton. Their expertise will help you determine whether or not you actually have grounds for a lawsuit, and how to best approach it.
What if I had a pre-existing condition before the injury occurred?
To be clear, pre-existing conditions – like a chronic illness, past injuries, or long-standing medical issues – can complicate personal injury lawsuits in South Carolina. The defendant’s attorney (or the insurance company’s attorney) may argue that the injuries were not caused by the accident but instead were related to those prior health issues. They may suggest your symptoms are just the result of the natural progression of your pre-existing condition. And either way, they will likely request extensive medical records to explore your previous injuries or health issues.
Your attorney will help you prepare for this, helping to attaining the necessary records, histories, and evidence you’ll need to prove your case, managing all communications with the other side’s lawyers, and protecting you from any harassment.
You’re also protected by something known as the “eggshell plaintiff” rule. This rule states that defendants are still liable for injuries they caused even if the plaintiff had pre-existing conditions that made them more susceptible to injury. For example, if you had a long-standing shoulder problem but the injury aggravated it and made it worse, the at-fault party is still responsible for the full extent of the harm. You’ll still have to prove the accident worsened your health by providing medical records, doctor’s statements and things like x-rays and MRIs.
The right attorney can help you prove your case.
Personal injury law is complicated, and cases can be dragged out for many months and even years. That’s why you need an experienced team fighting for you from the start. The attorneys at Fulton & Barr have spent more than 35 years ensuring that personal injury victims receive the care and compensation they are entitled to by law.
If you’ve been injured and need help, call us right now and tell us your story. We’re ready to help, and the consultation is FREE.