You may wonder whether a prior injury could influence your current personal injury claim. That’s a valid concern. Insurance companies often scrutinize medical histories to find reasons to limit compensation, and a pre-existing condition provides an opportunity to do so.
How insurance companies view old injuries
If you previously injured the same body part, insurers might argue your current discomfort stems from that earlier issue. They frequently request past medical records and use them to minimize the impact of the new injury. While this doesn’t disqualify you from seeking damages, it can complicate your personal injury claim.
What matters most in these claims
The timing of the injuries and thorough medical documentation play crucial roles. If your records show that the earlier injury had resolved or was stable prior to the recent incident, that supports your case. A physician’s statement explaining how the new accident aggravated your condition significantly enhances your credibility.
The eggshell plaintiff rule
Maryland applies the “eggshell plaintiff” doctrine, which means a defendant remains fully liable even if the injured person had pre-existing vulnerabilities. The law requires that the at-fault party accept the injured individual as they are, including any prior medical conditions that may heighten the severity of injury.
Making your strongest case
Comprehensive and up-to-date medical records are essential for demonstrating how the new injury exacerbated your previous condition. Clearly note any new symptoms or functional limitations that did not exist before the incident. Consistent treatment and accurate communication with medical professionals strengthen your position. Avoid lapses in care, as they can imply the injury isn’t severe.
A prior condition doesn’t negate your right to compensation. What matters is the extent to which the new incident affected your health. With well-documented evidence and a clear explanation of changes to your condition, you can present a compelling case.
