Could a Preexisting Condition Affect My Indiana Car Accident Claim?
In a personal injury case arising from a car accident, the plaintiff must not only prove that the defendant’s negligence caused the crash but that it also caused the plaintiff’s injuries. That may seem simple enough. But the defense can try to deflect attention from their negligence by trying to prove that some–or all–of the plaintiff’s post-accident medical issues were the result of some other factor, such as a preexisting health condition.
Indiana Appeals Court Upholds $5,100 Award in Personal Injury Case
A recent decision from the Indiana Court of Appeals, Cummings v. Pfledderer, helps to illustrate this point. This case began with a two-car accident in December 2019. The defendant reversed his car and backed into the plaintiff, who was driving behind him. The plaintiff said within a few hours she started to feel “excruciating pain” and went to the emergency room, where doctors diagnosed her with a rib fracture.
Several months later, the plaintiff returned to the emergency room, this time complaining of chest and back pain. Doctors determine she suffered an aortic intramural hematoma.
The plaintiff subsequently filed a personal injury lawsuit against the defendant, alleging his negligence caused the accident as well as her broken rib and the hematoma. A key issue at trial was whether the hematoma was actually the result of the accident. The plaintiff’s medical experts testified that the “timing” of the hematoma “appeared to be related” to the accident. But another expert said the plaintiff’s “history of hypertension, diabetes, and smoking” could also have been contributing factors. The defense also produced an expert who testified the estimated speed of the accident–the plaintiff backed into the plaintiff at about 15 miles per hour–was too slow to cause a hematoma.
The jury ended up ruling for the plaintiff but not to the degree she hoped. The jury awarded just $10,000 in damages. But since the jury also found the plaintiff 49 percent at-fault for the accident, under Indiana’s comparative negligence law the defendant only had to pay her $5,100.
The plaintiff appealed the verdict, alleging the trial judge improperly admitted certain defense expert testimony and failed to give the correct jury instructions. The Indiana Court of Appeals rejected both arguments and upheld the $5,100 judgment. With respect to the jury instructions, the appellate court said the trial judge effectively stated the law to the jurors correctly, namely that the defendant “could still be found liable for having caused [the plaintiff’s] injury even though she had preexisting conditions that made her more susceptible to that injury.”
Contact a Madisonville Car Accident Attorney Today
It is imperative following any car accident to seek immediate medical treatment even if you do not experience any immediate symptoms. Any delay in starting care can negatively affect your ability to seek financial compensation if you are seriously injured. You should also speak with a qualified Madisonville car accident lawyer as soon as possible. Contact Whitfield Crosby & Flynn today to schedule a free consultation. We have offices in Madisonville, Kentucky; Chattanooga, Tennessee; and Indianapolis, Indiana.
Source:
scholar.google.com/scholar_case?case=1677814232252337297
