How Do Pre-Existing Conditions Affect Slip and Fall Accident Claims?

I’ve Been Injured In a Slip & Fall And Have a Pre-existing Condition. Can I File a New Lawsuit?

Slip & Fall accidents can happen anywhere. They range from minor to highly severe and debilitating injuries. If your accident was due to another’s negligence, you should look into filing a personal injury case to obtain the compensation you need in order to recover.

However, if you already have a pre-existing condition you might be concerned that it will negatively affect your ability to win your current case. If you have a pre-existing condition, you may feel that filing a new personal injury claim would be fruitless, as the other party (or their insurance company) will use your condition as an excuse not to pay due compensation. However, with the right experienced, and knowledgeable personal injury lawyer, this is not usually the case.

We’re all aware that insurance companies are “for-profit” institutions that will likely attempt to find ways to avoid paying or only pay as little as they must. In these personal injury cases, your “pre-existing condition” will come up, and the insurance company will try to use it as an out and yes, your condition may complicate your case. However, you can and should file a personal injury case with a  well-versed and highly skilled personal injury lawyer’s advice and expertise to guide you. 

Your personal injury lawyer will explain that in most pre-existing condition lawsuits, with an experienced, skilled, and aggressive personal injury lawyer, you have a very sound and solid chance of getting the compensation you need and deserve. The case just must be handled with a slightly different legal strategy in place.

Your lawyer knows how to approach these cases by using the proper documentation, medical information, expert opinions, and anything else that is needed to prove that your pre-existing condition was significantly exacerbated due to the other party’s negligence. The damage your new slip and fall injury inflicted on you should be seen as serious and impactful, regardless of your health prior. 

What Are the Three Legal Elements Needed To Win My Slip & Fall Injury Case?

In almost all personal injury cases, including cases that involve pre-existing conditions, there are three primary legal factors they have in common: liability, causation, and damages. Your lawyer must prove all these factors before you can win your case and receive due compensation for your injury. 

• First, you must prove liability – Who caused your slip & fall accident and is responsible for your injuries? This is sometimes unclear, especially if you suffered a slip or fall on someone else’s property or at a business. You may sue the property owner, the people or company that leases the property, those who maintain it, etc.
• Secondly, you must prove causation – What was the causal relationship between the negligent person’s action, and how did it contribute to or cause your injury? You must prove that the negligent party is liable for your injuries and that their actions (or inactions) caused them.

The above two factors are relatively the same in all personal injury cases, although the strategy to handle them may differ slightly in a case involving pre-existing conditions.

• The third and last factor is damages – You must prove that you have incurred damages, which caused significant new medical bills, lost income, out-of-pocket costs, pain and suffering, and possibly other economic and non-economic damages.

This is the most significant challenge in a personal injury case including pre-existing conditions.

Typically, a pre-existing condition is a physical (or mental) ailment that you had before you had your slip and fall accident. Ailments such as back problems, high blood pressure, spine or head injuries, depression, and many more can be classified as pre-existing conditions.

However, even if you suffered from your ailment for years and cannot credibly state that the slip and fall caused them, your skilled, thorough, and experienced slip & fall lawyer will have the documentation, witness, and more to prove that your new slip & fall accident significantly worsened your present condition.

What Is the “Eggshell Doctrine” and How Can It Affect My Florida Personal Injury Case?

In Florida, the “Eggshell Plaintiff” doctrine can significantly help and even be a deciding factor in presenting and winning your personal injury case that involves pre-existing conditions.

In pre-existing personal injury cases, one of the primary objectives is to show that your previous injuries are related to your current injuries and that this new slip & fall accident worsened your previous condition.

Here, your lawyer may use the oddly named “Eggshell Doctrine” to significantly increase the compensation of your claim.

When used by a seasoned professional, the ” eggshell doctrine ” will give you and your lawyer the needed argument. This doctrine states that if another party negligently injures another, they are responsible for all injuries they cause, even if the recent injuries are far worse than one would ordinarily anticipate due to a pre-existing medical condition.

Your thorough, well-versed, and compassionate personal injury lawyer may use this “Eggshell doctrine” (or Eggshell Skull doctrine) pertaining to any condition that makes you more susceptible to injury. It is not just used for people with damaged or thin skulls or neck vertebrae.  

Your personal injury lawyer will explain that the insurance companies are likely never on your side. Your needs are not their main concern. Their goal is to lower your compensation by any means necessary. But, by obtaining a skilled personal injury lawyer with well-honed negotiating skills, you can be assured you will likely receive all the compensation you deserve.

What Are Some Ways a Lawyer May Prove My Case If I Have Pre-Existing Condition

Almost all personal injury cases involving pre-existing conditions are indeed more legally challenging to present and, at times, win. The good news is that if your lawyer has the needed experience in these cases, they will use numerous legal means to refute the insurance companies’ tactics and get the compensation you deserve.

Just a few of the legal strategies they will use are:

• A thorough and complete history of your medical records – They’ll show you’ve regularly visited your doctor and provide detail and analysis of your full medical records. This will explain how your current injury has evolved and was made worse by your accident
• They may use expert medical testimony – Doctors and other professional testimony will be invaluable in proving the validity of how your previous injuries were made worse by your accident and why
• Thoroughly using diagnostic tools – Current diagnostics, such as MRIs, CAT scans, and X-rays, can clearly and effectively demonstrate the extent, causation, and evolution of new or exacerbated injuries
• They may use various forms of comparative analysis – Detailed comparisons of your health records before and after your accident will often definitively illustrate the changes in your condition, thus reinforcing the claim

I Have a Slip & Fall Case Involving a Pre-Existing Condition. What Should I Do?

You mustn’t underestimate the fact that your pre-existing condition, if not professionally presented, could negatively impact the outcome of your claim and your compensation.

That said, the most prudent way to approach personal injury cases with pre-existing health issues is with the help, professional guidance, and advice of a passionate and empathetic West Palm Beach personal injury lawyer with a winning history of handling this type of case.

The Gonz Law Group has a fierce record of successfully managing personal injury cases with pre-existing conditions and obtaining all the compensation you and your family need and deserve.

Call them today for a free consultation at 561-639-7858 and get the knowledgeable, compassionate, yet aggressive professional help you need at this critical time. It would be best to focus on recovering while having the peace of mind that you’re being legally represented in the best way possible.