Can a Pre-Existing Condition Impact a Wrongful Death Claim?

A wrongful death means that someone else caused or contributed to the loss of your loved one’s life. Unfortunately, even with strong evidence to support your case, an insurance company may try to blame the death on the deceased person’s pre-existing condition rather than the fault of its policyholder. You may need to hire a wrongful death attorney in Denver to help you navigate this challenge.

What Is a Pre-Existing Condition?

A pre-existing condition in a wrongful death case can refer to any medical condition, injury, illness or diagnosis the deceased person (decedent) had prior to his or her death. It is a broad term that can include old injuries, chronic illnesses and various medical issues. Examples include cancer, diabetes, autoimmune disorders and mental health conditions.

What Is the Relevance of a Pre-Existing Condition to a Wrongful Death Claim?

When an insurance company receives a claim against its policyholder for the wrongful or preventable death of an individual, it will typically try its best to avoid liability (legal responsibility). One tactic often used is to claim that the deceased person’s death was actually caused by a pre-existing condition rather than the defendant’s actions.

However, a legal doctrine known as the Eggshell Skull Rule requires defendants to take plaintiffs as they are at the time of the incident. This means that even if the decedent was more vulnerable to death than the average person due to a pre-existing condition, the defendant can be held liable for creating the circumstances that contributed to the death.

How to Combat the Pre-Existing Condition Defense

The presence of a pre-existing condition in a wrongful death claim in Colorado will not invalidate the claim, but it can make it more complicated. The plaintiff or filing party will need to demonstrate that, regardless of the decedent’s health status prior to death, the defendant’s actions caused or significantly contributed to the fatality.

If your family’s wrongful death claim in Colorado involves a pre-existing condition that is being presented as a defense to liability by an insurance company, it is crucial to establish causation using compelling evidence. The best way to accomplish this goal is by hiring an experienced wrongful death lawyer.

A lawyer can help your family present evidence to prove that the defendant is more likely than not at fault for causing or accelerating your loved one’s death. Evidence may include medical reports, expert testimony, witness statements, photographs and videos, police reports, and physical evidence.

When to Hire a Wrongful Death Attorney

A pre-existing condition may have made your loved one more likely to pass away from his or her injury or illness, but this does not preclude your family from filing a wrongful death claim against one or multiple defendants in Colorado. If the defendant’s actions directly contributed to the death or aggravated your loved one’s condition enough to be fatal, the defendant can be held liable.

To prepare for potential defenses during your wrongful death claim, including an insurer attempting to reject the claim or reduce your payout based on an alleged pre-existing condition, consult with an attorney near you. The right lawyer can help your family present the strongest possible wrongful death case through proactive evidence preservation and collection.