How Preexisting Conditions Affect Personal Injury Claims in Minnesota
Many people assume they cannot pursue a personal injury claim if they had a medical condition before the accident. This is a common misconception. The law recognizes that not everyone is fully healthy and able-bodied before an accident occurs, and the presence of a prior injury, disability, or medical condition does not invalidate personal injury claim.
Who is liable, and to what extent?
If a crash, fall, or other negligent act aggravated a preexisting condition or caused a new, unrelated injury, the at-fault party will be liable for the portion of the harm they caused. For example, someone with a prior back injury may recover compensation if a car crash causes new disc damage, increases chronic pain, or accelerates the need for medical treatment.
Minnesota courts apply what is commonly called the “eggshell plaintiff” rule, meaning a negligent person takes the injured party as they find them. In other words, a defendant cannot avoid liability simply because the injured person was more susceptible to harm than an average person. One common example is osteoporosis: people with that condition may be more likely to break a bone, but that does not prevent them from recovering damages when they break a bone in an accident. Other examples include preexisting memory or hearing loss aggravated by a loud crash or concussion, mental health conditions such as PTSD aggravated by the trauma of being in an accident, and latent conditions that did not emerge or were not noticeable until they were triggered by the injury.
Communicating conditions and symptoms
That said, preexisting conditions often become a central issue in personal injury cases. Insurance companies frequently argue that a person’s symptoms were already present before the accident, that the current medical problems are unrelated to the accident, or the worsening of symptoms was just a coincidence. Current and prior medical records and expert medical opinions will play a major role in your case to establish causation.
If you had a medical condition before an accident, it is important to be transparent about it with your attorney and your medical providers. A clear medical timeline can help show how your condition changed after the incident. It is also helpful to keep your own notes so you can accurately compare and contrast your symptoms before and after your injury. Friends and family can help with this too. With a clear picture of your medical history, individuals with preexisting conditions can pursue compensation for medical expenses, lost income, pain, disability, and other damages caused by the worsening of their condition.
Minnesota trial lawyers for serious injury cases
Having an attorney who understands considerations for preexisting conditions will make a difference in the outcome of your claim and damages you receive. The attorneys at Sieben & Cotter have extensive personal injury experience. If you are interested in a free, comprehensive case review, call Sieben & Cotter at 651-455-1555 to arrange your consultation, or send a request for more information.