How Do Pre-Existing Conditions Impact Injury Claims?
The presence of pre-existing conditions can significantly influence personal injury claims. These conditions—which existed before the incident giving rise to the injury claim—often come under scrutiny when determining the extent of damages.
Drawing on my years of experience as a lawyer here at Injury Lawyer PDX, LLC in Portland, Oregon, I'll break down how these factors affect claims under Oregon law.
What Are Pre-Existing Conditions?
Pre-existing conditions refer to medical issues or injuries that existed before the event leading to a personal injury claim. For instance, someone might have a history of back pain, arthritis, or prior surgeries.
When pursuing compensation for an injury, insurance companies and opposing parties frequently argue that the harm wasn't caused by the incident in question but was instead a continuation or exacerbation of an existing issue.
Oregon law considers the "eggshell plaintiff" doctrine, which states that defendants are liable for the full extent of an injury even if the plaintiff was more susceptible to harm due to a pre-existing condition.
This principle helps protect injured individuals from having their claims unfairly diminished. However, proving the extent of the new harm versus the old condition is often critical.
It’s also worth noting that pre-existing conditions can include not only physical injuries but also mental health conditions. For instance, someone who suffered from anxiety or depression prior to an accident might experience a worsening of these conditions due to the trauma of the incident.
Understanding the scope of what constitutes a pre-existing condition is an essential step in preparing a strong case.
Medical Records in Injury Claims
Medical records play a pivotal role in distinguishing between pre-existing conditions and new injuries. These records provide detailed documentation of a claimant’s health history, which can clarify whether the injury resulted from the incident in question.
When representing clients, I often emphasize the importance of comprehensive medical documentation. Oregon courts typically require clear evidence that demonstrates the new injury or worsening of a prior condition. Treating physicians' testimony can be invaluable, as they can attest to changes in the patient's condition directly linked to the incident.
Additionally, obtaining a timeline of medical care is critical. For instance, if a client received consistent treatment for a back condition prior to an accident and then experienced a significant increase in pain and treatment needs after the incident, the records can support the argument that the accident caused an aggravation of the pre-existing condition.
Consistency in medical treatment also demonstrates the seriousness of the claim and helps counter any arguments that the claimant’s injuries are exaggerated.
Oregon’s Approach to Causation and Compensation
In Oregon, establishing causation is crucial. Causation refers to the link between the incident and the injury for which the claimant seeks compensation. Pre-existing conditions can complicate this process, as the defendant’s attorneys or insurers may argue that the plaintiff’s injuries are unrelated to the incident.
To counteract this argument, Oregon law requires claimants to demonstrate that the incident aggravated a pre-existing condition or caused a distinct new injury. Compensation in these cases often depends on the degree of aggravation and how it affects the claimant’s daily life and earning capacity.
For example, if someone with mild arthritis in their knees is involved in a car accident and the collision causes severe damage to their joints, the accident’s role in worsening the condition becomes a key point in the case. Oregon law allows the injured party to seek damages for the new level of impairment, even if some of the issues were present beforehand.
It’s important to prepare for arguments that attempt to shift responsibility onto the claimant’s prior condition. Building a strong case often involves presenting evidence from multiple sources, including medical records, professional testimony, and even witness accounts of the claimant’s condition before and after the incident.
Common Tactics Used by Insurance Companies
Insurance companies frequently attempt to minimize payouts by pointing to pre-existing conditions. They may argue that the claimant’s symptoms are entirely attributable to prior medical issues or that the incident had little to no impact on the individual’s health.
To counter these tactics, I advise clients to:
Seek immediate medical attention after an incident to document injuries.
Follow all treatment plans to demonstrate a commitment to recovery.
Provide a full and honest account of their medical history to avoid credibility issues.
Maintain detailed records of medical visits, medications, and any work restrictions.
These steps help establish the validity of the claim and reduce the effectiveness of the insurer’s arguments. It’s also beneficial to have a clear understanding of how the injury affects one’s daily life. Journaling the pain levels, mobility challenges, and emotional distress experienced after the incident can provide additional evidence.
Insurance companies might also use surveillance tactics to question the claimant’s credibility. For instance, they may hire investigators to observe the claimant’s activities in an attempt to argue that the injury is less severe than reported. Clients need to be aware of these tactics and avoid actions that could be misinterpreted.
How Damages Are Calculated When Pre-Existing Conditions Are Involved
Calculating damages in personal injury cases involving pre-existing conditions can be more nuanced. Oregon law allows claimants to recover compensation for the extent to which the incident worsened their condition. This often includes:
Medical expenses
Lost wages
Pain and suffering
Loss of future earning potential
However, courts may reduce the award if it’s determined that the pre-existing condition significantly contributed to the claimant’s current state. A thorough presentation of medical evidence is essential to securing fair compensation.
For example, in cases where a plaintiff had a history of back pain but was still able to work and enjoy recreational activities before an accident, the court will consider how much the injury limits their life now compared to before.
Calculating these damages requires careful documentation of how the incident has altered the claimant’s physical and financial situation.
It’s also important to include future medical costs in the calculation. If an aggravated pre-existing condition requires ongoing treatment or surgery down the line, these expenses should be factored into the compensation sought.
Anticipating these needs with the help of medical professionals strengthens the case and provides a more accurate picture of the damages.
How Professional Testimony Comes Into Play
Professional testimony often makes a significant difference in personal injury cases involving pre-existing conditions. Medical professionals, vocational professionals, and economists can provide insights into how the incident impacted the claimant’s life compared to their pre-incident state.
For example, a medical professional might explain how a back injury worsened due to the accident, while an economist could calculate the lost earning potential resulting from the aggravated condition.
From my perspective, assembling a team of reputable professionals is vital. Their testimony can effectively counter opposing arguments and bolster the claim’s credibility in court.
Additionally, vocational professionals can help demonstrate how the injury impacts a claimant’s ability to work. If the individual previously held a physically demanding job and is now unable to perform those duties, the testimony can be critical in establishing the full extent of the damages.
This evidence is especially important for younger claimants who might face decades of reduced earning potential due to their injuries.
When pre-existing conditions play a role in personal injury claims, having experienced legal representation is critical. As an attorney, I’ve worked with numerous clients to overcome these challenges and secure just compensation for their injuries.
My firm carefully analyzes medical records, consults with professionals, and prepares robust arguments to address any attempts to diminish our clients' claims.
Contact a Personal Injury Attorney Today
If you’re dealing with a pre-existing condition and seeking compensation for a personal injury, I can help. I serve clients in Clackamas, Multnomah, Washington, Marion, Lincoln, and Tillamook. Contact my office, located in Portland, Oregon, today to schedule a consultation.