Pre-Existing Conditions: How Prior Injuries Impact Your Baltimore Personal Injury Claim
When speaking with victims of personal injuries in Baltimore, pre-existing conditions are a common concern. If you had back problems before a car accident or surgery before a slip and fall, insurers may use it to dispute your claim.
Fortunately, Maryland law protects victims in this exact situation. Our experienced Maryland personal injury lawyers share common tactics insurers employ and your rights in seeking compensation.
Why Insurance Companies Target Pre-Existing Conditions in Baltimore Personal Injury Claims
The Centers for Disease Control and Prevention (CDC) reports that nearly 6,000 people suffer personal injuries in Maryland annually, and many happen in the Baltimore area. When motor vehicle collisions, pedestrian crashes, falls, getting struck by objects, or other accidents are to blame, the at-fault party’s insurance may help compensate for your losses.
However, insurance adjusters look for any opportunity to reduce payouts, and pre-existing conditions are a common cause. Tactics they often employ:
- Arguing that your current pain and limitations stem from a prior injury rather than the recent accident.
- Requesting extensive past medical records, looking for prior issues to link to current symptoms.
- Requiring an independent medical examination with a doctor they select, who is likely to downplay the impact of the accident.
- Offering a reduced settlement on the basis that your symptoms are largely due to your condition.
While these tactics protect the insurer from making large payouts, they can leave Baltimore personal injury victims with hefty out-of-pocket costs.
Compensation For Baltimore Personal Injuries, Even With a Pre-Existing Condition
If you suffer personal injuries in Baltimore and are worried about a prior injury or health condition, be aware of how Maryland liability laws apply:
- The “eggshell plaintiff” rule, a long-standing legal principle, affirms that an at-fault party is responsible for the harm they cause, regardless of the plaintiff’s pre-existing conditions.
- If current personal injuries worsen a prior condition, you can recover damages for that worsening.
- Medical records documenting your condition before the accident, compared to after, provide critical evidence, as does testimony from your doctor and medical experts.
Make no mistake: Baltimore personal injury claims involving pre-existing conditions are more challenging than other claims. To protect your rights to compensation, get help from an experienced Maryland personal injury lawyer.
Contact Our Experienced Baltimore Personal Injury Lawyers
A pre-existing condition should never be used as an excuse to deny you fair compensation after a Baltimore accident. At Maryland Injury Lawyers, we know how to counter insurance company tactics and build a clear, well-documented case that shows exactly how the accident affected your health and your life.
If you were injured in an accident in Baltimore or anywhere in Maryland and are concerned about how a pre-existing condition might affect your claim, reach out to us today. Contact our experienced Maryland personal injury lawyers to schedule a consultation.
Sources:
wisqars.cdc.gov/infographics/?it=national&i=ALL&m=ALL_INJURY&st=01&ag=ALL&d=chart&yr=5&y1=2019&y2=2023
dls.maryland.gov/pubs/prod/CourtCrimCivil/Negligence-Systems.pdf
