Getting hurt in an accident can turn your life upside down. When you already have a health issue, you might wonder if it will hurt your chance of recovering damages. The truth is, a pre-existing condition does not prevent you from filing a personal injury claim, but it does add some extra challenges.
Insurance companies and pre-existing conditions
Insurance companies look closely at your medical history. If they find a pre-existing condition, they may argue that your current injuries were not caused by the accident. This can lower the amount they offer you. It is important to clearly show how the accident made your condition worse or caused new problems. Medical records and doctor statements can make a big difference in proving your case.
The eggshell plaintiff rule
Maryland follows a rule called the “eggshell plaintiff” doctrine. This means you take the injured person as you find them. If you have a condition that makes you more likely to suffer serious harm, the person who caused the accident is still responsible for all resulting injuries. You are entitled to recover damages even if your injuries are worse than what a healthy person might have suffered.
Proving your injuries
You need strong evidence to show that the accident made your pre-existing condition worse. Medical records from before and after the incident are key. A doctor can explain the differences between your past and current health. Detailed medical notes and professional opinions can help paint a clear picture. The more organized your proof, the better chance you have of recovering full compensation.
Honesty about your medical history is important. Trying to hide a pre-existing condition can hurt your credibility. Focus on showing how your health changed because of the accident. With clear evidence and the right approach, you can still build a strong personal injury claim.