How Do Pre-Existing Conditions Impact TBI Claims?
When you’ve suffered a traumatic brain injury (TBI), it can be a life-altering experience. The physical, emotional, and cognitive toll can be overwhelming. But when a pre-existing condition is in the picture, the process of filing a TBI claim becomes even more complicated.
Whether your injury was caused by a car accident, a fall, or another accident, if you have a pre-existing condition, understanding how this may impact your personal injury claim is essential to making sure that your case is handled properly. Serving Anoka, Minnesota, you can count on the Law Offices of Robert N. Edwards.
As an experienced personal injury lawyer in Minnesota, it’s crucial to guide clients through these challenges, assuring that they’re prepared for any obstacles that may arise due to pre-existing conditions. Let’s explore how pre-existing conditions affect TBI claims, how they may be viewed in the legal process, and what you can do to strengthen your case.
An Intro to Pre-Existing Conditions and TBI Claims
A pre-existing condition is any health issue that existed before the traumatic event that caused your TBI. For example, conditions like migraines, concussions, or even a history of prior brain injuries might all be considered pre-existing.
When you file a TBI claim, the insurance companies, and potentially a court, will assess how your pre-existing condition might interact with the new injury. The key point to remember is that your pre-existing condition doesn’t necessarily disqualify you from pursuing compensation for your TBI. However, it can complicate your case.
Insurance companies and the opposing party will likely try to argue that your pre-existing condition contributed to or exacerbated the injury, potentially reducing their liability. Therefore, understanding the nuances of how these conditions are assessed is essential in protecting your right to compensation.
The “Eggshell Plaintiff” Rule
In personal injury law, there is a principle known as the “eggshell plaintiff” rule. This rule states that a defendant is still liable for all the damages caused by an injury, even if the plaintiff has a pre-existing condition that makes them more vulnerable to injury. Essentially, the rule acknowledges that individuals aren’t required to be in perfect health to claim compensation.
In a TBI case, this means that if your pre-existing condition made you more susceptible to brain injury, the defendant may still be fully responsible for the extent of your harm, provided they were the cause of the incident.
For example, if you had a history of concussions and then suffered a more severe brain injury in a car accident, you could still claim full compensation for the injury, as long as it can be shown that the accident caused the aggravation or worsening of your condition.
However, insurance companies often challenge the severity of the injury by bringing up pre-existing conditions, which is why it’s crucial to work with a knowledgeable personal injury lawyer. We can help you gather the evidence so your claim reflects the true impact of the injury, taking into account how the TBI has worsened or exacerbated your pre-existing condition.
How Insurance Companies Evaluate Pre-Existing Conditions in TBI Claims
Insurance companies often look for ways to minimize their financial liability. They may attempt to argue that the injury wasn’t caused by the accident or that it was exacerbated by your pre-existing condition. The way they evaluate these claims can vary depending on the specifics of the case and the nature of your prior health conditions.
Here’s what an insurance company might consider when evaluating your TBI claim in the context of a pre-existing condition:
Medical records and history: Insurance companies will thoroughly review your medical history, looking for any records that indicate pre-existing conditions related to the brain or neurological system. If you’ve suffered concussions, migraines, or any brain-related injuries in the past, they may argue that these conditions made your TBI more severe or that the incident had minimal effect on your health overall.
Expert testimony: In some cases, insurance companies might hire medical experts to argue that the pre-existing condition is the primary cause of your injuries. They may claim that your TBI would have occurred even if the accident hadn’t happened, or that the symptoms you’re experiencing were due to the pre-existing condition.
The “aggravation” of an existing condition: Insurance companies may also try to argue that the pre-existing condition only aggravated the injury, rather than causing it. In this case, they might offer a smaller settlement or attempt to place some of the blame on the pre-existing condition for the severity of the TBI. However, the eggshell plaintiff rule helps make sure that you’re compensated for the full extent of the damage caused by the accident, even if a pre-existing condition is at play.
The “all or nothing” approach: In some cases, insurance companies may take an all-or-nothing approach to your TBI claim, arguing that the pre-existing condition was the primary cause of the injury and that your claim should be entirely dismissed. This is an aggressive defense tactic, and it’s often difficult to prove in court without strong medical evidence.
What Can You Do to Strengthen Your TBI Claim?
While a pre-existing condition can complicate a TBI claim, there are steps you can take to strengthen your case and improve your chances of obtaining the justice you deserve.
Gather Comprehensive Medical Evidence
One of the most important things you can do is to gather a comprehensive set of medical records that document both your pre-existing condition and your current TBI. This includes medical records from the doctors who treated you for your pre-existing condition as well as the healthcare providers who have treated you for your TBI.
As your personal injury lawyer, we’ll make sure that all necessary documentation is collected, including any imaging results, doctor’s statements, and other evidence that can help demonstrate the severity of your TBI and how it has worsened or been aggravated by the pre-existing condition.
Get Statements from Treating Physicians
The testimony of your treating physicians can be crucial in proving that your TBI was caused or exacerbated by the accident. Having your doctor explain how the accident impacted your condition will help establish the connection. This can also help counteract any arguments from the insurance company that your pre-existing condition is the primary cause of your injuries.
Keep Detailed Records of Your Symptoms
In addition to medical records, it’s important to keep detailed records of your symptoms and how they impact your daily life. Keeping a journal or log of how the TBI affects your work, your ability to carry out normal activities, and your quality of life can provide invaluable evidence to show the extent of your injury. This can also help demonstrate how your condition has changed.
Prepare for Potential Challenges
Given that insurance companies often use pre-existing conditions as a defense to reduce their liability, it’s important to be prepared for potential challenges. Working closely with your personal injury lawyer and have a solid foundation of medical evidence, so you can build a strong case.
Get in Touch With a Personal Injury Lawyer Today
As your personal injury lawyer, I can help you build a strong case that takes into account both your pre-existing condition and the severity of your TBI. I serve clients in Anoka, Minnesota, and throughout Anoka County and Sherburne County. Contact me at the Law Offices of Robert N. Edwards today!