Having a pre-existing condition does not automatically prevent you from recovering compensation in an Oklahoma personal injury claim. You can still potentially seek damages so long as someone else’s negligence caused you harm. However, insurance companies often try to use prior medical issues to reduce their liability. Oklahoma law allows recovery for the aggravation of a pre-existing condition, but proving this connection may require clear medical evidence and legal guidance.
Oklahoma’s “Eggshell Skull” Rule
Oklahoma follows the “eggshell skull” doctrine, which means the at-fault party must take the victim as they find them. In other words, even if you were more vulnerable to injury due to a pre-existing condition, the negligent party is still liable for the harm their actions caused.
For example, if you had a bad back before a car accident and the accident made it significantly worse, you can still pursue damages for that aggravation. The defendant cannot escape responsibility just because your injury was more severe than expected.
How Pre-Existing Conditions Can Complicate a Claim
While Oklahoma law protects injured victims, having a pre-existing condition can make your case more complex. Insurance companies often request full access to your medical history and may try to argue that your current symptoms are unrelated to the accident.
A Tulsa injury attorney can help by gathering strong medical evidence and expert testimony to clearly show the difference between your previous baseline and your post-accident condition. This often includes comparing diagnostic tests, medical evaluations, and doctors’ notes to establish new harm caused by the incident.
Since insurers may attempt to reduce compensation based on your medical history, it’s helpful to understand how much a personal injury claim may be worth in Oklahoma prior to negotiating.
Evidence That Can Strengthen Your Case
If you have a pre-existing condition and plan to file a personal injury claim in Oklahoma, documentation is critical. Steps that can help include:
- Providing complete medical records that show your condition before and after the accident
- Following your doctor’s treatment plan to demonstrate your commitment to recovery
- Avoiding gaps in treatment, which insurers may use to suggest your condition hasn’t worsened
- Keeping detailed notes about pain levels and how the injury affects your daily life
Your personal injury lawyer may also bring in medical experts to explain how the accident specifically aggravated your condition or created new injuries.
Comparative Fault Considerations
Oklahoma uses a modified comparative negligence law with a 51% bar to recovery. This means you can still receive compensation as long as you are less than 51% at fault for the accident. However, your damages will be reduced by your percentage of fault.
Insurance companies may attempt to use your pre-existing condition to argue that your health history somehow contributed to your injuries. Having an experienced personal injury lawyer on your side can help counter these arguments as well.
Schedule a Free Consultation With a Personal Injury Lawyer Near You
A pre-existing condition won’t disqualify you from recovering compensation in Oklahoma, but it can make your case more challenging. The key is proving that the accident aggravated or worsened your prior condition. Schedule a free consultation with Gorospe Law Group today to get started with your case and learn about your legal options.