When you have been involved in an accident that has led to an injury, there are certain steps to take in order to ensure that you get the best treatment needed to restore your health. However, if such an accident has been caused by another person’s negligence, then you may want to consider speaking to a personal injury attorney to file a Pasadena injury claim.
When you have sustained such an injury arising from the negligence of another party, more often than not, questions will begin to rise from the legal team of the opposing party, seeking to either discredit your claim or water down the compensation which you have demanded. One of the major methods that the opposing party’s legal team and the insurance company may try to take is to establish that you haven’t really sustained as much injury as you claimed. This may be a bit difficult if the victim had prior health conditions or injuries. While such a victim is not entitled to legal recourse and compensation for the existing injury, they may be able to get compensation for injuries that have been made worse by the accident.
Injuries sustained prior to or as a result of the accident may be mental, physical, or in some cases, a combination of the two. Handing the pre-existing medical condition and injury in light of the fresh injury or complications can he hard, posing a challenge to the victim’s legal team.
If you have been involved in an accident which has been caused by the wrongdoing of another person or due to their negligence, and this has complicated a pre-existing injury, then you may be entitled to compensation. To ensure that you get the full worth of your Pasadena injury claim, read below for some valuable information on how to work with an injury attorney to get fair compensation for the accident and its aggravated effect on your pre-existing health condition.
Why It is Important for You to Disclose Prior Injuries?
While you may feel the easy way out would be to hide or mask the pre-existing injury as this may promise a more robust compensation, this may also be the end of your personal injury case as you will be found to have lied to your attorney and the court of law or insurance company. When speaking to your attorney after such an accident, it is recommended that you take precautionary steps by coming clean to your attorney, informing him or her of the pre-existing condition and also stating how the condition may have become aggravated due to the recent accident. Failure to adequately inform your legal counsel of pre-existing conditions can put the entirety of your case in jeopardy and diminish your chances of getting favorable compensation.
It is most essential for a victim or claimant to disclose all past medical conditions which have been aggravated by the accident as in most cases, insurance companies and insurance adjusters take extra care to scrutinize claimants who are over the age of 30 and claim not to have pre-existing injuries.
The Eggshell Plaintiff Legal Theory
In some cases, a victim may suffer from certain medical conditions which makes them more susceptible to certain kinds of injuries in an accident. While this doesn’t mean this makes the victim any less qualified for compensation, it means that the defendant must consider the plaintiff as-is and cannot factor the prior conditions into the negotiations for a lesser settlement.
If such cases as this go to trial, the state law holds that such a defendant should take the plaintiff as is before the accident causing the injury had occurred.
To better improve chances of getting the full worth of a victim’s case, it is essential that such a victim opens up on all of their past medical histories to the medical and legal team as this will help both teams work better at putting together a solid case and the right amount in compensation for the injuries and complications suffered.
Doing this will help your case, especially when a trained adjuster begins to scrutinize your case and tries to pull it apart using information which they may have dug up in hopes that you may have kept it from your legal team.
Why You Need Medical Records?
When involved in a personal injury claim, a pre-existing medical condition offers a few advantages in that it provides you with important evidence to back up your claim. With previous medical conditions comes the medical history which details the health progress of the victim. The medical history allows access to what is going on within the victim, most importantly, prior to the accident and after the accident. The disparity between these two periods can form the very basis of compensation as demanded by the victim.
With prior medical conditions, the health of the victim is in full glare of the judges, juries, and all other parties involved in the trial, providing them with a yardstick to base their imaginations and also to measure the changes which have been caused as a result of the accident. Also, it can help them better understand what the victim may be going through in the aftermath of the accident.
The presence of medical records will also serve to document the transitioning from a healthy and hearty person to a disabled person, in the case the accident may have caused the victim to become disabled.
Dangers of Hiding a Pre-existing Condition
Hiding a pre-existing condition does not end well for most victims as this may be the basis upon which the insurance company and adjusters will pull apart the case. Opening up however puts you in the good graces of the law.
How to Protect Your Injury Claims?
To ensure that a client remains entitled to the full worth of their personal injury claim, they are required to understand the do’s and don’ts of personal injury cases and legal cases in general. Such victims should build a professional relationship with their attorneys, ensuring that they follow all the advice and guidelines provided.