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Seeking compensated for crash-related harm if you have a pre-existing injury

On Behalf of | Feb 22, 2024 | Motor Vehicle Accidents

Car accidents can be devastating, perhaps especially when a crash victim is already dealing with a pre-existing injury. Pre-existing injuries refer to any health conditions or injuries that existed before the car accident occurred. These injuries can range from chronic conditions like arthritis to previous injuries sustained in accidents or sports activities.

It’s essential to understand that being injured in a car accident while having a pre-existing condition does not necessarily exclude you from receiving compensation. In fact, it can sometimes work in your favor when seeking compensation for your injuries.

Maryland’s ‘eggshell skull’ rule

Insurance companies often try to complicate matters by arguing that pre-existing conditions are the primary cause of discomfort or are irrelevant to the outcome of the accident. However, it’s crucial to remember that having a pre-existing medical condition does not automatically disqualify you from receiving compensation for injuries sustained in a car accident.

In Maryland, there exists a legal doctrine known as the ‘eggshell skull’ or ‘thin skull’ rule. According to this doctrine, a defendant is responsible for the injuries of the victim, even if the victim has pre-existing conditions that could result in further injury or make them more susceptible to potential injuries and health issues. This rule highlights the importance of holding the responsible party accountable for their actions, regardless of the victim’s pre-existing conditions.

Building a strong case

Seeking the guidance of an experienced legal practitioner can drastically improve your ability to receive fair compensation. A knowledgeable legal team can advocate for your best interests when dealing with insurance companies on your behalf. They can also help you understand your rights and strive to help ensure that you receive the compensation you deserve.

When consulting with a lawyer, it’s essential to provide as much medical documentation as possible, both historical and new. This documentation should help build a robust case and demonstrate the extent of your injuries resulting from the car accident. Your lawyer can use this evidence to support your claim and pursue fair compensation on your behalf.

Suffering an injury in a car accident while you’re already dealing with a pre-existing condition can be overwhelming. Still, it’s important to know that you have rights and options available to you. By seeking legal representation and building a strong case with comprehensive medical documentation, you can increase your odds of receiving the compensation you deserve.