Pre-existing conditions don't keep you from filing a slip and fall claim.If you’ve been hurt in a slip and fall caused by negligence, you shouldn’t have to deal with finding ways to keep paying the bills while you are out of work. Unfortunately, there is a common misconception that simply having an underlying health issue or a previous injury will preclude you from receiving a settlement or taking the negligent party to court. 

That is just simply not the case.  Even if you have a pre-existing condition, you may still be able to seek compensation for any injuries sustained in the fall, as well as any of your previous health conditions becoming worse because of the accident.

What You Need to Know About Slip and Fall Cases With Pre-Existing Injuries

Whether it’s the property owner, a maintenance crew, or someone else entirely, the at-fault party bears responsibility for damages if their reckless behavior was the cause of your injury. Those damages may actually increase depending on your circumstances due to what's known as the “eggshell plaintiff” concept.  

Being out of work after your fall may put the at-fault party on the hook for lost wages, for instance. Likewise, having a pre-existing condition may have made you more prone to injury from negligence leading to a slip and fall. If you have a previous injury made worse by the fall, make sure to follow these steps:

  • Report the slip and fall injury immediately
  • See a doctor to establish medical documentation
  • Disclose your pre-existing conditions to your attorney
  • Work with the attorney to gather evidence and eyewitness testimony about the slip and fall

It’s important to keep in mind that both insurance companies and at-fault parties will often attempt to argue that your injury already existed before the slip and fall, so they shouldn’t be held responsible. 

A premises liability attorney needs all the facts in order to bring an effective case and seek the most compensation for your injury. Having those facts helps your lawyer negotiate with insurance carriers about medical records releases to determine which details in your medical history are relevant to the fall. So long as you disclose your pre-existing conditions, a skilled attorney can present compelling evidence from the scene of the accident, along with proper medical documentation, to protect your right to compensation. 

You May Be Owed Compensation After a Philadelphia Slip and Fall

Don’t let a previous injury stand in the way of recovering damages for your slip and fall. Contact our knowledgeable personal injury and premises liability attorney to discuss your case and find out if you are owed damages.