How Pre-Existing Medical Conditions Affect Your NJ Personal Injury Settlement
If you were recently injured in an accident, you might worry that a prior injury or health issue will ruin your chances of financial recovery. Insurance companies often try to use your medical history against you, claiming your current pain stems from an old condition rather than the policyholder’s negligence. However, having a prior health issue does not disqualify you from seeking compensation. At The Law Office of Jordan B. Rickards in Milltown, New Jersey, we want you to know how pre-existing conditions impact your claim and how a skilled personal injury lawyer in New Jersey protects your rights. Schedule a consultation today.
The Eggshell Skull Rule Protects You
Under New Jersey law, the legal doctrine known as the “Eggshell Skull Rule” dictates that a negligent party must take a victim as they find them. Even if your body was unusually fragile or prone to injury prior to the accident, the at-fault party is still fully responsible for the additional harm they caused.
Aggravation vs. New Injuries
While you cannot recover damages for pre-existing pain that remained completely unchanged, you are entitled to compensation if the accident worsened your condition. An experienced accident attorney will help demonstrate how the incident aggravated a dormant issue or made a manageable condition significantly more severe.
The Importance of Comprehensive Medical Records
Insurance adjusters closely inspect your medical background to find excuses to reduce settlement offers. Clear, detailed medical records from before and after the incident are essential. A dedicated personal injury law firm works directly with your treating physicians to document the exact baseline of your health before the crash and establish the specific impact of the new trauma.
Distinguishing Medical Malpractice Claims
In complex cases where a pre-existing medical issue was misdiagnosed or mistreated during emergency care following an accident, the legal intricacies increase significantly. Partnering with a knowledgeable medical malpractice lawyer ensures that secondary negligence by healthcare providers is properly separated and addressed alongside your primary personal injury claim.
Transparency Builds a Stronger Case
Hiding a prior health issue from your legal team or the insurance company can severely damage your credibility. Being completely honest about your medical history allows your legal counsel to proactively counter insurer tactics designed to deny your payout.
GET STARTED TODAY
Navigating a personal injury claim with a prior medical condition requires strategic legal representation and thorough evidence. A pre-existing issue should never prevent you from receiving the full compensation you deserve for new injuries and unnecessary suffering. If you have been hurt in an accident, contact The Law Office of Jordan B. Rickards in Milltown, New Jersey today to schedule a consultation and let us fight for your recovery.
