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Can My Pre-Existing Condition Affect My Personal Injury Claim in New Hampshire?


If you were injured because of someone else’s negligence, you might be thinking about your options for filing a personal injury claim to recover damages.

However, if you had a medical condition or injury before the accident, you might be concerned that your pre-existing condition would prevent you from seeking compensation for your new or aggravated injury. But that may not be the case.

Will Your Pre-Existing Injury Prevent You from Seeking Compensation?

Under the “eggshell plaintiff” doctrine, persons with pre-existing conditions are not barred from compensation because the negligent party is still responsible for worsening the victim’s existing injury or causing a new one. Under the doctrine, the defendant takes the victim as he finds him.

However, it is true that your pre-existing condition will most likely complicate your personal injury case because the insurance company may use your previous injury as an excuse to pay you less than you deserve or even deny your claim altogether.

For this reason, it is imperative that you retain an experienced personal injury lawyer in New Hampshire to help you gather evidence that proves that the defendant’s negligence made your existing injury worse or that your pre-existing condition has nothing to do with the new injury.

Should You Conceal Your Pre-Existing Condition?

If you have any pre-existing conditions and get injured due to another person’s negligence, it is very important to disclose your pre-existing injury. Some claimants mistakenly believe that they should separate out their pre-existing conditions and not share this information with their lawyer, insurance company, or even doctor.

However, this only worsens your situation because medical providers cannot properly treat you unless they know all the facts, and the insurer may have grounds to deny coverage when they find out that you failed to disclose your pre-existing condition.

When investigating your personal injury claim, the insurance adjuster assigned to your case will review your medical history to determine whether you had any pre-existing injuries and illnesses before the accident.

If you received any medical treatment in the past, the insurer will find out about it. Insurance companies routinely deny claims or pay as little as possible when the claimant has a pre-existing condition. You need a Manchester personal injury lawyer to help you protect the value of your claim and ensure that your claim is handled fairly.

Why You Need a New Hampshire Personal Injury Attorney

As mentioned earlier, the “eggshell plaintiff” doctrine can protect your financial compensation even if you had any pre-existing conditions before the accident.

Thus, the at-fault party or their insurance company cannot refuse to cover your damages simply because you have a pre-existing injury. The negligent party must be held liable for any damages and losses they cause.

However, proving that you must be compensated requires sufficient documentation, evidence, and medical records. That’s why it is advised to seek help from a skilled personal injury attorney to make sure that you receive the compensation you deserve despite your pre-existing injuries or illnesses.

Contact our Manchester personal injury lawyers at the Law Office of Manning Zimmerman & Oliveira PLLC to determine how much compensation you are entitled to if you have a pre-existing condition. Call at 603-624-7200 to schedule a free consultation.

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