Most attorneys and insurance providers in Los Angeles may inquire about pre-existing conditions before pursuing an accident or injury case. It is not possible for victims of motor vehicle accidents to obtain compensation for injuries and ailments that predate the accident, but they may be able to recover compensation for those that were exacerbated by the accident.
The effects of preexisting conditions on personal injury claims can be good or bad, depending on how these conditions are treated in advance. In the sections below, you can learn more about what an injury lawyer can do to help people who suffer from an accident that aggravates a pre-existing condition seek appropriate compensation.
The Importance of Disclosing Prior Injuries
When someone is injured in an accident, it’s critical that they tell their injury lawyer everything about their condition at the time of the accident. If these factors are not sufficiently disclosed, the victim’s chances of receiving a favorable and fair settlement are reduced.
Disclosure is critical, especially when a new injury affects the same regions as an old injury, and a victim’s failure to disclose might undermine an entire claim. Clients should reveal all pre-existing injuries and cooperate with doctors to demonstrate how the accident has worsened these conditions.
When an insurance broker or opposing attorney sees a claimant who has no previous complaints or injuries, especially if he or she is beyond the age of 30, the claimant’s background may be scrutinized. A person’s pre-existing injuries and claims history may be used by an insurer to discount claims filed after a subsequent accident.
What is the Eggshell Plaintiff Legal Theory?
A person’s pre-existing ailment may render them more vulnerable to damage in an accident in some cases. However, this does not negate the victim’s right to compensation. Defendants must take plaintiffs as-is under the “eggshell plaintiff” legal theory, and they cannot use the plaintiff’s antecedent conditions during injury attribution. If a victim wants to go to trial, California law mandates that juries consider the wounded person in the same condition as the at-fault party discovered them.
It is critical that you describe your medical and legal conditions to their medical and legal experts before and after an accident in order to be properly treated and reimbursed for the accident’s repercussions. As a strategy of limiting financial liability, insurers instruct adjusters to blame everything on past injuries. You’re considerably more likely to get good treatment and a reasonable payout if you’re honest about your pre-accident state.
The Importance of Medical Records
When dealing with a personal injury claim, pre-existing conditions have a few benefits, the most noteworthy of which is that it allows for a more thorough examination of what was happening with the person at the time of the accident.
Prior injuries provide judges, juries, and lawyers with a concrete means to see how someone has suffered as a result of a future catastrophe, but each case is different. The most crucial thing for an injury lawyer to do is to cooperate with your doctors to offer objective, honest documentation.
Injury lawyers may benefit from the existence of paperwork because they can examine the conclusions with medical witnesses during a court trial. Medical records might help to document your disability if your injuries have left you permanently incapacitated. These documents can be used by a personal injury lawyer in Las Vegas to show how an accident has aggravated a client’s pre-existing problems.
Why You Should Not Hide Pre-Existing Conditions?
You can put yourself in the best interest of the law and boost your reputation during the insurance claims process by being honest about your medical condition prior to an accident that resulted in a re-injury. Those who try to deny or conceal a preexisting condition are setting themselves up for failure, and they may suffer legal consequences as a result of their omission.
What Clients can do to Protect their Injury Claims
You should know how an injury claim works if you want to have the best chance of winning. By linking a current injury to existing and past medical conditions, an experienced personal injury lawyer can help you build a stronger case.
An at-fault party’s insurance company will find it more difficult to dismiss a claim, prolong a settlement, or reduce the nature of the client’s injuries once a relationship has been established. Before filing an injury claim, victims should contact a doctor, as a medical examination can assist doctors and lawyers distinguish between new injuries and existing ones that have been aggravated.
Get in touch with Personal Injury Lawyer Today
Your health is more important than anything else. In order to appropriately value a case, a lawyer needs to understand the severity of the injury, the appropriate treatment, and the duration of recovery. When you are unable to work due to an injury, a Siman Law Firm personal injury lawyer can assist you with recovering pain and suffering, lost wages, and medical bills. Don’t let a pre-existing condition prevent you from pursuing your personal injury claim. Schedule your free consultation today!