When a family loses a loved one due to someone else's negligence, the grief is profound. This pain is often compounded by financial instability and a search for answers. A wrongful death lawsuit can provide a path to justice and financial stability for surviving family members. However, the legal process can become more complex when the deceased person had a pre-existing medical condition.

Insurance companies and defense attorneys often attempt to use a pre-existing condition as a shield, arguing that the underlying health issue, not the defendant's actions, was the true cause of death. This is a common tactic used to devalue or deny a valid claim. The law in Ohio recognizes that a negligent act can trigger a fatal outcome even in a medically vulnerable person. An experienced wrongful death attorney can navigate these complexities and hold the responsible party accountable.

This article explains how pre-existing conditions affect wrongful death lawsuits in Ohio and how a skilled legal team can build a strong case for compensation.

The Eggshell Skull Rule: A Key Legal Principle in Ohio

A central concept in personal injury and wrongful death law is the "eggshell skull rule." This long-standing legal doctrine states that a defendant must take the victim as they find them. In simpler terms, if a person is more susceptible to injury or death because of a pre-existing condition, the at-fault party is still responsible for the full extent of the harm caused.

Imagine a person with a brittle bone disease who is involved in a minor car accident. A person with average bone density might walk away with only bruises, but this individual suffers multiple severe fractures that lead to fatal complications. The driver who caused the accident cannot argue they are less responsible because the victim was unusually fragile. The driver is liable for the entire outcome because their negligence set the tragic events in motion.

This principle applies directly to a wrongful death claim. A defendant cannot escape liability by pointing to the decedent's high blood pressure, diabetes, heart condition, or cancer. If their negligent act aggravated an existing condition or caused a new injury that the person's compromised health could not overcome, they are legally responsible for the death.

Proximate Cause in a Wrongful Death Lawsuit in Ohio

To succeed in a wrongful death lawsuit, the plaintiff (representing the deceased's estate) must prove that the defendant's negligence was the proximate cause of the death. This doesn't mean the defendant's action had to be the only cause, but it must be a direct and substantial factor.

When a pre-existing condition is involved, the legal question becomes: Did the defendant's wrongful act set in motion a chain of events that resulted in death, regardless of the decedent’s underlying health?

For example, consider an elderly resident in a nursing home with a known heart condition. If a staff member fails to follow protocol and drops the resident, causing a broken hip, the resident's health may decline rapidly. The stress of the injury and surgery could lead to a fatal heart attack. The defense might argue that the heart condition was the cause of death. However, a skilled wrongful death lawyer would demonstrate that the fall and resulting injury were the proximate cause because, but for the negligence, the resident would not have suffered the trauma that triggered the fatal cardiac event.

Defense Tactics Involving Pre-existing Conditions

The defense team's primary goal is to minimize their client's financial liability. Introducing a pre-existing condition is one of the most common strategies they employ to achieve this.

Common defense arguments include:

• The condition was the sole cause of death: They will try to argue that the person's death was inevitable and imminent due to their illness and that the accident or injury was merely coincidental.
• The condition would have shortened life expectancy anyway: This argument is used to reduce the value of the claim. The defense will suggest that even without the defendant's negligence, the decedent had a very limited lifespan, thereby reducing the damages related to lost future income and companionship.
• The medical treatment was for the condition, not the injury: They may claim that the medical expenses incurred before death were related to managing the pre-existing illness rather than treating the injuries caused by the defendant's actions. Medical records are vital and can help strengthen your wrongful death claim.

These arguments rely on creating doubt and shifting blame. Without a strong legal advocate, families can find these tactics difficult to overcome, potentially accepting a settlement that is far less than what they deserve.

How a Wrongful Death Attorney Builds a Case Involving Pre-existing Conditions

An experienced wrongful death attorney in Ohio anticipates these defense strategies and proactively builds a case to counteract them. This involves a meticulous investigation and the strategic use of evidence.

Gathering Comprehensive Medical Evidence

The foundation of a strong wrongful death claim is a complete and detailed medical history. Your attorney will gather all relevant medical records, not just from the final illness or injury, but from years prior. This helps establish a baseline for the decedent's health.

Key medical documents include:

• Physician's notes: Records from primary care doctors and specialists can show how the pre-existing condition was being managed. If the condition was stable or well-controlled before the incident, it weakens the defense's argument that the illness was the primary cause of death.
• Diagnostic imaging: X-rays, MRIs, and CT scans taken before and after the incident can provide clear, objective evidence of new injuries.
• Autopsy report: A detailed autopsy can definitively link the death to the injuries sustained due to the defendant's negligence, even if a pre-existing condition was a contributing factor. The report can specify the exact mechanism of death, such as organ failure caused by trauma.

A thorough review of these records allows your lawyer to construct a clear timeline, showing the decedent's health status before the wrongful act and the direct decline that followed.

Leveraging Expert Medical Testimony

Medical experts are essential in cases involving pre-existing conditions. An attorney will collaborate with respected physicians, surgeons, and other specialists who can review the medical evidence and provide a professional opinion.

These experts can:

• Explain complex medical concepts to a jury: They can break down how the defendant's negligence aggravated the pre-existing condition or caused a new, fatal injury. For example, a cardiologist could testify how the physical stress from a car accident led to a fatal arrhythmia in a patient with a known but stable heart condition.
• Establish causation: An expert can testify with a reasonable degree of medical certainty that the defendant's actions were a substantial factor in the death. This expert opinion directly refutes defense claims that the death was unrelated to the incident.
• Project future health: In some cases, a medical expert can testify about the decedent's life expectancy with their pre-existing condition had the wrongful act not occurred. This is vital for calculating damages for lost future earnings and companionship.

The credibility of a medical expert can make all the difference in convincing a judge or jury that the defendant is responsible.

Calculating Damages in a Wrongful Death Lawsuit With Pre-existing Conditions

Damages in a wrongful death lawsuit in Ohio are intended to compensate the surviving family members for their losses. These losses can be both economic and non-economic. A pre-existing condition can influence how these damages are calculated, making it even more important to have a skilled attorney advocating for your family.

Types of damages available include:

• Loss of support: This includes the financial contributions the decedent would have made to the family. Your attorney will work with financial experts to calculate lost wages, benefits, and future earning capacity. The defense may argue the pre-existing condition would have limited the decedent's ability to work, but your lawyer can counter this with evidence of their employment history and expert testimony about their prognosis.
• Loss of services: This compensates the family for the value of the services the decedent provided, such as childcare, home maintenance, and household chores.
• Loss of society and companionship: This is a non-economic damage that compensates for the loss of the decedent's love, care, guidance, and companionship. This is often the most significant component of a wrongful death award.
• Mental anguish: This compensates surviving family members for the emotional suffering they have endured.
• Medical and funeral expenses: The estate can be reimbursed for medical bills related to the final injury or illness and the costs of the funeral and burial.

A dedicated wrongful death lawyer will meticulously document every loss to ensure the family receives the maximum compensation possible under Ohio law. They will fight to show the true value of the life that was lost, regardless of any underlying health challenges.

Need Legal Help? Brandon J. Broderick, Attorney at Law, is One Phone Call Away

Losing a loved one is a devastating experience, and facing a complex legal battle can feel like an impossible burden. When a pre-existing condition is involved in a wrongful death case, the challenges multiply. Insurance companies and defense attorneys will use this information to deny your family the justice and compensation you deserve. You do not have to face them alone.

At Brandon J. Broderick, Attorney at Law, we are dedicated to helping families in Ohio navigate the most difficult times of their lives. We understand the nuances of wrongful death law and have the experience and resources to counter the tactics used by defense teams. We work with leading medical and financial experts to build a compelling case that demonstrates the true cause of your loved one's death and the full extent of your family's loss.

If someone else's carelessness caused the death of your loved one, please contact us for a free legal consultation. We will listen to your story with compassion and provide clear guidance on your legal options. Let us handle the legal complexities so you can focus on healing. We are available around the clock to assist you.