There’s no “perfect time” to get into an accident, especially when it comes to your health. Although personal injury victims might be in flawless health before the incident, generally, people have a number of different health problems throughout their lives. Accidents can worsen pre-existing conditions. That’s why a minor accident can sometimes have unforeseen consequences. How does that affect your case?
The ‘Eggshell Plaintiff’ and the ‘Crumbling Skull’ Doctrines
The eggshell plaintiff doctrine states that you must take your victim “as-is.” For example, imagine the victim had a disorder where their skull bones were unusually fragile. The defendant might negligently cause the victim to slip and fall, which would result in minor injuries for a regular victim. However, the “eggshell skull” plaintiff hits their head and dies as a result. Under the eggshell plaintiff doctrine, the defendant is still liable for any injuries they caused—even if the victim had unforeseeable pre-existing conditions.
The crumbling skull doctrine is another theory of responsibility. Under this doctrine, a plaintiff is only responsible for the injuries they caused, including if if they worsen a pre-existing condition. The trouble with this doctrine is that it’s hard to prove the extent of the pre-existing condition before the accident.
Disclosing Prior Injuries
It’s imperative that you disclose any prior injuries and pre-existing conditions to your attorney—otherwise, you risk not getting fairly compensated for your injuries. You’ll need to prove that the accident worsened your medical condition or caused additional harm. Otherwise, the defense will argue that the injuries already existed, therefore the defendant shouldn’t be held liable since they didn’t cause the harm.
Medical Records Are Important
Whether you need to prove that an accident worsened your condition or caused entirely new injuries, your medical records will play a role in your case. Your attorney will help obtain your medical records and use them to show that a prior injury either didn’t exist, or that your accident worsened your injuries. Your medical records are a valuable insight into your condition before and after the accident.
Other ways of proving your injuries can involve before and after photos, videos of you once enjoying certain activities and any written documentation (such as an injury journal) you might have kept over the course of your recovery.
If an accident has worsened or created new injuries, call a personal injury lawyer right away. They can help make sure you recover adequate compensation.
Work with an Ohio Personal Injury Lawyer Today
If you’ve been injured in an accident due to someone else’s negligence, working with a great personal injury attorney is crucial. When you work with me, I’ll Make Them Pay!® Call me today at 877.944.4373 for a consultation.