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Suffering a slip and fall injury is distressing, but when you have a pre-existing medical condition, the situation can feel even more complicated. Most people assume that their prior health history will count against them and that an insurance company/ opposing lawyer will use it to dismiss their claim. This stops many from seeking the help they deserve.
However, the situation is far more nuanced and definitely more favorable than most people realize. Speaking with a slip and fall attorney in Merrick is often the first step towards understanding why your medical history doesn’t have to work against you.
There’s a legal principle that’s been part of personal injury law for ages, and it works firmly in favour of claimants with pre-existing conditions. It is at times referred to as the eggshell skull rule. The idea is simple: a defendant must take the claimant as they find them.
What does it mean? Well, it means that if someone’s negligence causes you to fall and your injuries are more severe than they might have been for a perfectly healthy person, particularly because of your pre-existing condition, the defendant is still responsible for the full extent of those injuries.
To put it simply, your vulnerability, whether due to osteoporosis, a previous back injury, a joint condition, or anything else, doesn’t reduce the other party’s liability for causing the accident in the first place.
The eggshell skull rule does provide important protection, but it goes without saying that pre-existing conditions do introduce complexity into the claims process. The core challenge is separating the injury caused by the fall from the symptoms/ limitations that already existed.
An insurance company will always argue that any pain or reduced mobility is simply a continuation of your pre-existing condition rather than the accident itself. They do this to minimize/ deny claims. Thus, you need careful, evidence-based handling to counter effectively. This is where a qualified slip and fall attorney in Merrick will manage on your behalf.
Even with a pre-existing condition, a successful slip and fall claim can cover a significant range of losses. This includes any and all medical expenses incurred due to the injury or the aggravation of an existing condition. This includes the treatment, rehabilitation, medication, and any specialist care needed.
Loss of earnings, both current and future, are also part of the claim if and when the injury has affected your ability to work. In fact, the physical pain caused/ worsened by the fall, the emotional impact, and its impact on your daily life are all valued in.
The key is ensuring that every aspect of the impact is properly documented and presented.
Navigating a slip and fall claim with a pre-existing condition needs expert handling. The arguments used to counter these claims are sophisticated, and so, the medical evidence needs to be properly obtained and presented. Moreover, the negotiation process requires someone who understands the tactics.
A slip and fall attorney in Merrick who has experience with pre-existing condition cases will know how to build the evidence and establish what the accident changed. A pre-existing medical condition doesn’t disqualify you from making a slip and fall claim.
At Robert K. Young & Associates, we fight for our clients across personal injury cases of all kinds, including slip and fall claims. We offer a completely free consultation so you can understand exactly where you stand before making any decisions. Give us a call now.
