Posted by Gurjit Srai In Accident April 19, 2024 0 Comment

Insurance carriers will go to great lengths to avoid paying the full compensation on injury claims. One way they do this is by trying to pin the injuries on a prior or pre-existing condition. Pre-existing injuries can be both beneficial and harmful in your current personal injury case, depending on how it is handled. Generally speaking, if you have a pre-existing condition you may not receive compensation for injuries that were affected by the instant accident.

However, this is not always the case. You may be entitled to compensation for pre-existing conditions depending on the degree that the accident worsened your prior injuries. With the help of a skilled Fresno personal injury attorney you may also be entitled to get compensation for psychological conditions such as PTSD.

What is an Eggshell Plaintiff?

When you think of the average person, you tend to think of someone who can withstand a few bumps and bruises without suffering too much damage. However, not every person is the same. In some cases, an accident victim may be more susceptible to injury as a result of a prior condition.

Under the eggshell plaintiff doctrine, at fault party must accept their victim as they find them. There is no higher duty of care to prove as part of this theory – only that the liable party violated an ordinary standard of care in order to be found responsible for the resulting damages. Additionally, the victim does not even have to have a natural condition that creates aggravated injuries. Pre-existing condition that are aggravated as a result of an injury is sufficient under the eggshell plaintiff doctrine.

Never Hid Pre-Existing Conditions

When you file a personal injury claim, it is important to note that the liable party’s insurance carrier will find out everything about your past that is related to the injured body parts. They are entitled to this information. As such it is important that you keep a well-documented medical history of a pre-existing condition and provide it to your Fresno accident attorney.

If you do not have these documents, it is tempting to think that it may not be discovered by the other party. This is never a good idea. You should nevertheless discuss all pre-existing conditions with your attorney and post-accident medical treaters. Failure to do so can significantly impact your claim and your compensation.

Contact an Experienced Fresno Accident Attorney

If you or a loved has been injured in an accident caused by the negligence of another party, you should discuss your legal options with an attorney as you may be entitled to compensation.

The Fresno accident attorneys at the Srai Law Offices advocate for their clients’ full financial recovery through hard work and an aggressive approach. For more information or to schedule a complimentary consultation with one of our attorneys, please call 209-323-5558.