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What To Do When Injured with Pre-existing Conditions




Many victims incorrectly feel that they must conceal pre-existing conditions; however, under Maryland law, these parties are still entitled to compensation for their damages. As always, the number one key to safeguarding your auto accident case, especially one that involves pre-existing conditions, is to seek immediate medical care as soon as possible, preferably on the day of the accident.


Maryland law typically refers to victims with pre-existing conditions as “eggshell plaintiffs” which generally holds that in spite of a victim being medically fragile due to a pre-existing condition, the tortfeasor (at fault party) is nonetheless still liable for injuries caused by the accident resulting from their negligent conduct.

The rationale, under Maryland law, is a defendant must take the plaintiff or injury victim as they find them. Thus, the at-fault party is liable for whatever harm they cause, regardless of what the plaintiff suffered from before the accident. Notwithstanding applicable Maryland law, given insurance companies are not in the business of happily paying out maximum sums of money on claims, one can expect their adjusters to push back on the extent of their insured's liability for the injuries - in some cases denying liability outright - often arguing that the accident victim’s injuries are related to a pre-existing condition and not the triggering event. This is an incorrect application of Maryland law for pre-existing injury related personal injury claims. However, be mindful that delays in seeking treatment especially in situations where a pre-existing condition exists greatly increases the risk of an insurance adjuster arguing against liability and possibly denying the claim all together.

Therefore, auto accident and personal injury victims should promptly contact an experienced personal injury attorney as soon as reasonably possible for a comprehensive assessment of their case especially when pre-existing injuries are involved. Contact us for a free consultation.

 

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