People who suffer an accident often face a long recovery time. Even if the person was in excellent health before the accident occurred, they may still take a long time to recover. If a person had a pre-existing condition, then the recovery can be even longer and the case can be more complex. The complexity of these types of cases requires the assistance of an experienced personal injury attorney.
People who have pre-existing conditions often worry about whether their health history will affect their ability to get compensated. The good news is that you may still be able to get compensation even if you have a pre-existing condition. However, you will likely have to take a different approach.
The negligent party may use the pre-existing condition as a defense. They will try to use the condition in order to decrease the amount of compensation that you can get. There are two ways that a pre-existing condition can affect a personal injury claim. The defense may try to argue that the accident did not cause the injuries. They may also try to argue that they should not be held responsible for any future medical expenses because you have a pre-existing condition.
The amount of compensation that you can get will be determined by how much worse the accident made the pre-existing condition. The other party will only be responsible for the degree of harm that they caused. The injured person is responsible for showing how much the accident impacted their pre-existing condition by showing their medical records before and after the accident.
The plaintiff will also need to undergo examinations and tests. It is also important for people to avoid making statements that can compromise their case.
Why it is Important for You to let People Know About Pre-existing Injuries
You will need to let your attorney and everyone else know about the injuries that you had prior to the accident. If you do not disclose this information, then you may not be able to get a fair and favorable settlement. An insurance adjuster or the opposing party may scrutinize a person’s past medical history. This is especially true if someone is over the age of 30.
The Eggshell Theory
Some pre-existing conditions may make you more susceptible to injuries. However, that does not mean that you will not be able to get compensation. The eggshell plaintiff doctrine prevents the other party from using the frailty of the person as a defense.
Why Medical Records are Important
Pre-existing conditions do have a number of advantages in a personal injury claim. The prior injuries allow the juries, judges and lawyers to see how much a person has suffered because of another injury. Your attorney will work with the physicians in order to provide objective and honest documentation.
Medical records are important because they serve as evidence. If you have been permanently disabled as the result of an injury, then you can use your medical records to prove that you have been injured. Additionally, your medical records can show how much your injury has been aggravated by the accident.
Why it is Bad to Hide a Preexisting Injury
You will put yourself in good graces with the insurance company if you are honest about your pre-existing injuries. People who deny that they had a pre-existing condition often set themselves up to fail.
The Importance of Calling a Personal Injury Attorney
If you have pre-existing conditions, then it is still possible for you to get compensated. A personal injury attorney can make sure that you file a claim within a timely manner. If you need a personal injury attorney, then you can call one of our offices.
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