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When someone is hurt because of another person’s negligence, they have the right to seek compensation for their medical bills. A victim with pre-existing conditions, however, presents challenges. The at-fault party’s insurers and lawyers will likely try to resist paying.
However, this does not mean that they have a legal basis to do so. Maryland law allows victims to ask for accident compensation even if they have prior injuries or illnesses. With the law firm of McGowan & Cecil, LLC working for you, you can argue for the full compensation you deserve.
Pre-Existing Conditions Will Not Prevent Recovery
Simply because someone has a pre-existing condition does not mean they aren’t entitled to compensation if they get into an accident. The law recognizes that many individuals are not in perfect health or without injuries. It would be unjust to deprive them of compensation.
A defendant is only responsible for injuries they cause or aggravate, but insurance companies often abuse this concept. They argue that any prior treatments prove that the plaintiff’s current issues are not related to the accident. But this is not a valid reason to deny payment.
Maryland law requires that you take a plaintiff as they are. This is sometimes called the eggshell rule. If a person has a particular type of injury, and they consequently suffer more in an accident than someone who was not hurt, the at-fault party is still liable for their losses.
What the Law Will Consider With a Pre-Existing Condition
Victims with pre-existing conditions, which are made worse because of a defendant’s negligence, have the right to compensation for the effects of those worsening conditions. It’s a fine but important distinction that has to be made.
In evaluating the victim’s prior illness or injury, and the role it plays in their medical situation following an accident, Maryland courts may ask several questions:
- What were the victim’s limitations before the accident? In other words, before the condition worsened, could the victim exercise, work, and live normally? What limits were there?
- How was the victim managing their pre-existing condition? Were they taking medications, seeing doctors regularly for check-ups, and otherwise sticking to a particular regimen?
- To what degree did the accident worsen the pre-existing condition? Here, a comparison must be made between the life the victim lived before and what they are facing now, after an accident.
- Did the accident cause new limitations? Is the victim expected to face different restrictions on their life now that they’ve experienced an accident? What will those limits be?
- Will the victim need treatments they did not need before? This question looks at both the victim’s immediate medical needs and likely future ones, in light of the accident.
The at-fault party’s insurer will also consider these and other questions as it decides whether to pay the victim’s medical bills or deny them. To that extent, you can expect the insurer to ask for your medical records and to scrutinize them closely once they have them.
Being Honest Is Essential
Many Maryland accident victims balk at the idea of turning over their medical records to insurers, but in most cases the insurance company will have a right to see them. This raises an important issue of honesty, both with your lawyer and the insurer.
Importantly, you should let your attorney handle all communications and requests from the insurance company. They will object to any overly broad or improper requests, and know how to handle the information turned over to the insurer.
To protect your right to full compensation, you must be upfront with your attorney (and with the insurer) about your pre-existing conditions and medical records. If you try to hide this information, the insurer will use this against you.
Insurance companies are more than happy to catch a plaintiff in a lie or inconsistency. They will use this fact to attack your credibility at trial or in deposition, and try to persuade a jury to side against you. Lying also makes it nearly impossible for your lawyer to effectively argue for you.
So be honest with your attorney and then let them do their job of determining how best to handle your records. Your lawyer may, for instance, call upon an expert medical witness who can explain how the at-fault party’s actions aggravated your injuries.
What To Discuss With Your Maryland Personal Injury Attorney
These are a few basic details you need to be ready to talk about with your lawyer:
- A list of your prior injuries, illnesses, and medical conditions and limitations
- A list of new injuries, illnesses, and conditions you’ve experienced since your accident
- Your medical records going back at least five years, and possibly longer
- Your treating physicians (including emergency room doctors) for the last five years or longer
- The prescription medications you currently take and the ones you took within the last five years
- Any adaptive medical equipment you used because of your pre-existing condition
- Your daily limitations, both before the accident (with your pre-existing condition) and after
- Whether your prior condition, illness, or injury was worsening or improving before the accident
Helping You Recover Compensation For Your Injuries
It’s natural to be worried about how pre-existing conditions might affect your accident claim. But remember, an experienced personal injury attorney has seen such cases before. And the law clearly allows victims with pre-existing conditions to recover compensation.
Let us get to work serving your legal needs and determining how best to handle your current and past medical circumstances. Get in touch with McGowan & Cecil, LLC if you were in an accident in Maryland.