How Pre-Existing Conditions Affect Personal Injury Claims in South Carolina
When pursuing a personal injury claim in South Carolina, having a pre-existing condition can complicate matters. Whether it’s a prior injury or a chronic illness, these conditions can influence how your claim is assessed and resolved. Understanding the impact of pre-existing conditions on your case is crucial for effectively managing your legal strategy. Here’s a detailed overview of how pre-existing conditions can affect personal injury claims in South Carolina.
Understanding Pre-Existing Conditions
A pre-existing condition is any health issue or injury that existed before the accident or incident for which you are filing a personal injury claim. These can include chronic diseases, previous injuries, or other health conditions that were present before the recent incident. In personal injury law, the challenge is determining how the new injury or accident exacerbates or interacts with the pre-existing condition.
Impact on Liability
In South Carolina, the presence of a pre-existing condition does not negate the liability of the party at fault. The responsible party is still liable for the injuries caused by their negligence. However, the presence of a pre-existing condition can affect the extent of damages you can claim.
Causation and Aggravation
One of the primary issues with pre-existing conditions in personal injury claims is distinguishing between injuries caused by the accident and those aggravated by it. South Carolina follows the “take your victim as you find him” rule, meaning the defendant is responsible for the full extent of the injury, even if the plaintiff had pre-existing conditions.
To establish causation, you will need to demonstrate that the accident exacerbated or worsened the pre-existing condition. This often involves detailed medical evaluations and expert testimony. For instance, if a car accident worsened your existing back pain, you would need to show how the accident aggravated the pre-existing condition.
Proving Damages
When claiming damages, you’ll need to account for both the injuries directly resulting from the accident and those exacerbated by it. This requires comprehensive medical documentation and expert testimony. You must prove that the accident led to additional suffering or increased medical costs related to your pre-existing condition.
Insurance Adjusters and Settlement Offers
Insurance companies often scrutinize pre-existing conditions closely. They may argue that your current symptoms are due to your previous condition rather than the recent incident. As a result, settlement offers might be lower than expected. It’s crucial to provide clear medical evidence and documentation to counter these arguments.
Strategies for Managing Your Claim
- Detailed Medical Records: Maintain comprehensive medical records showing both your pre-existing condition and the injuries sustained from the accident. This documentation helps in proving the extent to which the accident aggravated your condition.
- Expert Testimony: Consult with medical experts who can provide testimony on how the accident impacted your pre-existing condition. Expert opinions can be pivotal in demonstrating causation and the full extent of your damages.
- Legal Representation: Engage an experienced personal injury attorney who understands how to handle cases involving pre-existing conditions. An attorney can help navigate the complexities of proving aggravation and ensuring you receive fair compensation.
- Clear Communication: Be transparent with your attorney about all your health conditions and injuries. Full disclosure enables them to build a stronger case and anticipate potential challenges from the opposing side.
Conclusion
Handling a personal injury claim with a pre-existing condition in South Carolina requires careful documentation, clear evidence of aggravation, and often, expert testimony. While pre-existing conditions add complexity to your case, they do not disqualify you from receiving compensation. By understanding how these conditions affect your claim and working closely with legal and medical professionals, you can better navigate the claims process and seek fair compensation for your injuries.
If you’re dealing with a personal injury claim complicated by pre-existing conditions, consider consulting with a knowledgeable personal injury attorney to guide you through the process and advocate for your rights.
