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Slipping And Falling With Injuries

Experiencing a slip and fall accident can be a distressing event, leading to various injuries and potential long-term effects. If you have a pre-existing condition, you may wonder how this will impact your claim. Understanding the nuances of how pre-existing conditions are treated in slip and fall claims is essential to navigating the legal process effectively and ensuring you receive fair compensation.

Understanding Pre-Existing Conditions

A pre-existing condition refers to any health issue or injury you had before the slip and fall accident. This could range from chronic conditions like arthritis to previous injuries such as a back problem or an old fracture. When filing a claim, it’s crucial to disclose all pre-existing conditions to your attorney and the insurance company, as these can significantly influence your case.

The Eggshell Plaintiff Doctrine

One fundamental legal principle relevant to this discussion is the “eggshell plaintiff” doctrine. This doctrine holds that a defendant must take the plaintiff as they find them. In other words, if your pre-existing condition makes you more susceptible to injury, the property owner (or their insurance) cannot use this against you to reduce their liability. A lawyer, like a slip and fall lawyer, can attest to the importance of this doctrine in ensuring that you are compensated for the full extent of your injuries, regardless of your prior health issues.

Proving Aggravation Of A Pre-Existing Condition

To succeed in a slip and fall claim involving a pre-existing condition, you need to demonstrate that the accident aggravated your condition. This can be challenging but not impossible with proper documentation and medical evidence. Here are key steps to help prove your case:

  1. Medical Records. Obtain detailed medical records that document your health before and after the accident. These records should clearly outline the state of your pre-existing condition and any changes following the incident.
  2. Doctor’s Testimony. A statement or testimony from your doctor can be invaluable. They can explain how the slip and fall aggravated your condition and the extent of the new or worsened injuries.
  3. Consistent Treatment. Follow all medical advice and continue with any prescribed treatments or therapies. This consistency demonstrates the seriousness of your injuries and the impact of the accident on your pre-existing condition.

Insurance Company Tactics

Insurance companies often scrutinize claims involving pre-existing conditions closely. They might argue that your injuries are solely due to your prior condition and not the slip and fall. To counter this, it’s essential to present strong evidence and a clear narrative showing how the accident specifically worsened your health. Be wary of initial low settlement offers that might not adequately reflect the true extent of your injuries.

Maintaining Transparency

Honesty is vital in these cases. Fully disclose your pre-existing conditions to your attorney and medical providers. Any attempt to conceal previous health issues can undermine your credibility and potentially harm your claim. Transparency allows your legal team to build a robust case that accurately represents your situation.

Help When You Need It

Pre-existing conditions can complicate a slip and fall claim, but they do not preclude you from receiving fair compensation. By understanding the legal principles involved, gathering comprehensive medical evidence, and seeking skilled legal representation, you can navigate the claims process effectively. Attorneys like those at Wandres Law, PC can help ensure that your rights are protected and that your pre-existing conditions are properly factored into your claim, providing you with the best possible chance for a favorable outcome. When you are ready to move forward, speak with a lawyer you can rely on.