Suppose you have suffered an injury in an accident and you have a prior medical history. In that case, a concern might be: Will a pre-existing condition negatively impact my personal injury case? While the answer is not always simple, the good news for Maryland residents is that state law offers protections for individuals with pre-existing medical conditions. In some cases, these conditions may actually bolster your claim rather than detract from it. Please continue reading as we delve into how pre-existing conditions are typically addressed in Maryland personal injury lawsuits and the importance of connecting with our experienced Prince George’s County Personal Injury Lawyers for guidance during these difficult times.
What is a Pre-Existing Medical Condition?
First and foremost, it is crucial to understand that a pre-existing medical condition refers to any health problem or injury that was present before the event leading to your current personal injury claim. This can encompass a wide range of issues, from ongoing conditions such as arthritis or asthma, to persistent injuries from prior incidents like herniated discs, or even psychological conditions like Post-Traumatic Stress Disorder (PTSD). Common examples include:
- A back injury sustained in a previous auto accident
- Joint pain or restricted movement resulting from prior surgical procedures
- Lingering effects of old soft tissue injuries
- Chronic respiratory ailments
- Mental health disorders
- Brain injuries or concussions
- Degenerative diseases or arthritic conditions
Can You Sue for Aggravation of a Pre-Existing Condition?
In Maryland, individuals who suffered an injury due to someone else’s negligence can seek compensation, even if the incident worsens a pre-existing medical condition. The state’s “eggshell plaintiff doctrine” holds the negligent party fully responsible for the extent of the victim’s injuries, irrespective of any pre-existing susceptibilities. If a prior medical issue made you more vulnerable to injury, the at-fault party is still liable for the harm caused.
Although insurance companies may try to diminish your claim by attributing current symptoms to an older injury, Maryland law permits compensation when a new accident aggravates a pre-existing condition. Such compensation can cover damages like chronic pain, new required treatments, or long-term care arising from the aggravation.
These cases are much more complex as you bear the burden of proving that the accident aggravated or exacerbated a pre-existing condition. This typically requires comparing your medical condition before and after the incident through medical records and statements from treating physicians or medical experts. The defense will scrutinize your medical history. As such, meticulous documentation is crucial.
Early involvement of a seasoned personal injury attorney is vital. At Timian & Fawcett, we can effectively shield you from aggressive adjusters and safeguard your rights at every stage. Contact us today to schedule a confidential consultation.
