How Pre-Existing Conditions Affect Your Kentucky Personal Injury Claim
If you are involved in a car crash, slip-and-fall, or any accident in Kentucky caused by others’ negligence, you have the right to hold them liable. However, if you had a prior back injury, a knee that was already giving you trouble, or other pre-existing conditions, you may be wondering whether it hurts your chances of getting compensation.
A pre-existing condition does not disqualify you from a claim, but it does require a careful and strategic approach. Our Madisonville personal injury lawyer helps clients in these cases. Find out the ways insurers use pre-existing conditions against you and how to protect your rights in a claim.
How Insurance Companies Use Pre-Existing Conditions Against Kentucky Personal Injury Victims
When a personal injury occurs in Kentucky, the at-fault party’s insurance can help cover your losses. However, when insurance adjusters learn pre-existing conditions are involved, it gives them an excuse to dispute and deny your claim.
Common ways insurance companies attempt to use pre-existing conditions against injury victims include:
- Arguing that your pain, limited mobility, or other symptoms existed before the accident and were not made worse by the crash.
- Requesting access to years of prior medical records in hopes of finding documentation that supports their position.
- Downplaying treatment costs by claiming the care you are receiving relates to an old condition rather than a new injury.
- Using gaps in treatment or prior diagnoses to suggest your current condition is unrelated to the accident.
- Offering a drastically reduced settlement based on the argument that the accident only partially contributed to your current condition.
It’s important to recognize these tactics for what they are and to understand how Kentucky law applies.
The Eggshell Plaintiff Rule and What It Means for Your Kentucky Claim
Kentucky law recognizes a legal principle known as the eggshell plaintiff rule. This means that even if your pre-existing condition made you more vulnerable to injury, the at-fault party is still responsible for the harm their negligence caused.
Key things Kentucky injury victims with a pre-existing condition need to know to protect their rights to compensation include:
- You are entitled to compensation for any worsening of a pre-existing condition caused by the accident.
- Keep copies of medical records showing your condition before and after the accident, and how it worsened.
- Get statements from your doctor detailing how your symptoms have changed since the crash.
- Keep a journal documenting your condition, any new symptoms caused by your accident, and how they impact your life.
Cases involving pre-existing conditions can be complex, so get professional legal help.
Consult Our Experienced Madisonville Personal Injury Lawyer Today
Personal injuries in Kentucky can have devastating impacts on your health, particularly if you have a pre-existing condition. Contact Whitfield Crosby & Flynn to protect your rights in an injury claim. Our experienced Madisonville personal injury lawyer provides trusted legal representation and helps clients obtain the maximum compensation they need to recover.
Our legal team represents clients in Madisonville, Kentucky; Chattanooga, Tennessee; Indianapolis, Indiana; and Marion, Illinois. Request a consultation today.
Sources:
insurance.ky.gov/ppc/new_laws.aspx
apps.legislature.ky.gov/law/statutes/chapter.aspx?id=39251
