The eggshell plaintiff doctrine in New York refers to an accident victim that has a pre-existing condition that was worsened by a negligent party. Under this legal principle, the wrongdoer is liable for any aggravated injury caused by their actions. In other words, a defendant is expected to “take the plaintiff as they find them” and whether they were aware of the plaintiff’s vulnerable state is irrelevant to liability.
Despite this rule, those with a previous condition will likely face additional challenges from defense attorneys and insurance adjusters who may try to minimize their personal injury claim. Working with an experienced New City York personal injury lawyer can be essential to recovering damages and ensuring full and fair compensation.
A pre-existing condition is a health condition, illness, or injury that existed prior to or at the time of the accident. This can be anything from a long-term, chronic illness to past injuries to the same part of the body. Mental health conditions are also considered to be pre-existing conditions.
The existence of a health issue can play a major role in an injury lawsuit. A favorable pre-existing injury settlement can be more difficult to achieve because of the additional challenges it presents to your claim.
Pre-existing conditions and injuries fall under four main categories:
Whether physical injuries existed prior to or at the time of the injury incident is crucial to your claim. The amount of compensation you will recover hinges on proving causation. Your lawyer will need to show exacerbation of an existing injury or that the accident caused a new injury. Documentation, a medical examination, and treatment are crucial evidence for showing these damages.
Furthermore, disclosure of your pre-existing condition is critical. Failing to disclose may lead to allegations of insurance fraud that can lead to legal consequences. Getting assistance with your aggravation of a pre-existing condition settlement can be vital to securing your right to recovery.
In New York, a personal injury victim may be able to recover economic, non-economic, and punitive damages for their injuries depending on the facts and circumstances of their particular case. There is no cap on damages in the state, however, for those with a pre-existing condition, they should be aware that their medical history could reduce their settlement or award. Your attorney can help you determine your damages and calculate pain and suffering damages in the event the accident exacerbated your pre-existing condition.
After an injury accident, it is essential to file a claim within the three-year statute of limitations. Failing to make a timely filing could result in forfeiture of your right to recover damages. Your lawyer can determine the statute of limitations in your case, any exceptions that apply, and file a claim on your behalf.
Factoring in pre-existing conditions can make a significant difference during the personal injury claim process. When a claim is made, the insurance company will examine your medical records for evidence of a pre-existing illness or injury.
They will then evaluate and determine whether the condition caused the injury or the extent to which the accident aggravated the injury. The insurance company may also ask for an independent examination with their medical expert to determine whether the claimed damages resulted from an accident injury.
Pre-existing conditions can cause confusion in the compensation recovery process. Whether you were hurt in a car accident, slip and fall, or are seeking workers’ compensation, your medical history could come under scrutiny, leading to denial or a reduced settlement offer.
At Gregory Spektor & Associates, P.C., we understand the concerns your chronic disease or prior injury may raise for your injury claim. Your medical conditions should not stop you from getting justice. If you were hurt in a car accident or other injury incident, contact our experienced personal injury team today for a free case evaluation.
