When pursuing a car accident claim in New York, one of the most pressing concerns many individuals face is how a pre-existing condition might influence their case. Understanding how these conditions are addressed in legal and insurance contexts can significantly impact the success of your claim. While New York operates under a no-fault insurance system, which means your own insurance generally covers immediate medical expenses regardless of fault, claims for pain and suffering or other damages outside of the no-fault system are often impacted by pre-existing medical conditions.

What Is a Pre-Existing Condition?

A pre-existing condition refers to any medical issue you had before the car accident. Examples include chronic back pain, arthritis, herniated discs, or prior surgeries. The presence of a pre-existing condition does not mean you cannot pursue compensation for injuries sustained in the accident. However, it does mean that the legal process will focus on distinguishing between injuries directly caused by the accident and those that existed beforehand.

The Eggshell Plaintiff Doctrine

Under New York law, the "eggshell plaintiff" doctrine protects individuals with pre-existing conditions. This legal principle asserts that a defendant is liable for all damages caused by their negligent actions, even if the injured party is more susceptible to injury due to a pre-existing condition. In other words, just because you were more vulnerable doesn't absolve the other party from responsibility.

For instance, if you had a herniated disc before the accident, but the collision aggravated the injury, the at-fault driver can still be held accountable for the exacerbation of your condition. The key is demonstrating how the accident worsened your pre-existing injuries.

How Pre-Existing Conditions Impact Your Claim

1. Medical Records Become Essential

Your medical history will play a central role in the claims process. Insurance companies will meticulously review your past and current medical records to determine the extent of your injuries and their relation to the accident. Transparency is critical here. Attempting to hide a pre-existing condition can severely undermine your credibility and damage your case.

2. The Burden of Proof

New York law requires the injured party to prove that the accident directly caused their injuries or worsened their pre-existing condition. This is often referred to as causation. To meet this burden, medical expert testimony is often necessary to explain the connection between the accident and your worsened condition.

3. Insurance Company Tactics

Insurance adjusters frequently use pre-existing conditions as a way to minimize payouts. They may argue that your injuries were solely the result of your pre-existing condition and not the accident. For example, if you had a history of neck pain and reported worsened symptoms following a car crash, the insurance company might claim your current pain is unrelated to the collision.

4. Proving Aggravation of a Condition

The central question in such cases is often: Did the car accident aggravate your condition? To support this argument, your attorney may gather the following:

• Medical documentation showing your condition before and after the accident.
• Statements from treating physicians detailing how the accident affected your condition.
• Diagnostic tests like MRIs or X-rays taken after the collision.
• Expert witness testimony to clarify medical complexities.

Pre-Existing Conditions and New York's No-Fault Insurance

New York's no-fault system covers up to $50,000 in medical expenses and lost wages regardless of fault. However, claims for non-economic damages like pain and suffering require meeting the state's "serious injury" threshold. This threshold includes conditions such as:

• Significant disfigurement.
• Fractures.
• Permanent loss or limitation of use of a body organ or system.

If you have a pre-existing condition, demonstrating that the accident caused a "serious injury" or significantly worsened your condition is essential for pursuing non-economic damages.

Tips for Strengthening Your Claim

1. Seek Immediate Medical Attention. Prompt medical evaluation is vital for documenting the impact of the accident on your pre-existing condition. Delayed treatment can give insurance companies room to argue that your injuries were unrelated to the crash.
2. Disclose Your Medical History. Honesty about your medical history is crucial. Trying to conceal a pre-existing condition can backfire, especially when insurance companies conduct thorough investigations.
3. Work with Medical Experts. A detailed medical opinion can bridge the gap between your pre-existing condition and the injuries caused or worsened by the accident. Physicians can provide expert testimony to clarify the extent of the aggravation.
4. Hire an Experienced Attorney. Navigating the complexities of pre-existing conditions in car accident claims requires legal expertise. An attorney can help gather evidence, counter insurance company tactics, and ensure you receive fair compensation.

Case Example: Pre-Existing Condition in Action

Consider this scenario: A New York resident with a history of lower back pain is rear-ended by a distracted driver. Following the accident, the individual experiences severe pain and is diagnosed with a bulging disc. Medical records show that while the individual had prior back issues, the bulging disc is a new development linked to the collision. In this case, the at-fault driver's insurance company may attempt to deny liability, citing the pre-existing condition. However, with proper documentation and expert testimony, the injured party can successfully demonstrate that the accident caused additional harm.

Conclusion

A pre-existing condition does not bar you from seeking compensation after a car accident in New York. While these cases may require additional evidence and expert analysis, state laws and legal precedents protect your right to pursue damages for injuries caused or worsened by the accident. By working with a knowledgeable attorney and being transparent about your medical history, you can build a strong case and maximize your chances of receiving fair compensation.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating New York Car Accident claims can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.