The Chicken Or The Egg Defense: What It Is, And How To Prepare For It

After hiring a personal injury attorney and deciding to pursue a personal injury lawsuit, it is important to disclose to your lawyer anything that could potentially affect your case. For example, if you have an illness or diagnosis that preceded the case, and that diagnosis could be considered the source of your personal injury or your personal injury is related to your medical/health issue, you lawyer will want to know that. The reason being is that the defense attorney can use the "chicken or the egg" defense, causing you to lose your case. Here is more on that particular strategy, and how to prepare for it in advance.

What Came First- Your Health Issue or Your Injury?

The "chicken or the egg" defense goes something like this:

You are suing for excruciating pain in your legs. It hurts to walk, kneel, climb, etc.. You are suing because you believe it is a work-related injury after spending some time working in a hard labor job with no protection equipment. You also have fibromyalgia. If the defense attorney discovers that you have fibromyalgia, he/she will argue that you are suing for the pain you feel from a pre-existing condition. If the other attorney can prove that, or at least cast doubt on your personal injury case, you may lose or get your case tossed out completely.

Hence, what came first? Your diagnosis of fibromyalgia, or the work-related injury of pain in your legs? This is why it is so important to disclose health issues to your lawyer before you attempt to pursue a personal injury case. Your lawyer needs to be prepared for whatever the defense lawyer digs up and throws at you. Casting aspersions and doubt in your direction without a reasonable defense from your lawyer is how cases are lost and won.

How to Prepare for the "Chicken or the Egg" Defense

Tell your lawyer about any and all pre-existing conditions. Your lawyer needs to be prepared with an explanation and/or a defense if these things are brought up in court. Say nothing to people at work about pre-existing conditions, no matter how much you trust them. Doing so could cost you your case. Show that your medical needs, appointments, and treatments with a doctor for your supposed injuries have increased since you have been working in your current or most recent job. Anything that supports your claim is what your lawyer needs to present to the judge.