Will I Get Compensated for My Burbank Personal Injury Case Even if I had a Pre-existing Injury?
A common point the opposing party’s legal team contests a victim of an accident is their pre-existing conditions.
They claim that the victim isn’t entitled to compensation for any injuries or conditions existing before the accident.
While this is true, the victim is eligible for compensation for any injuries worsened by the event.
It doesn’t matter if it’s a physical or mental injury or if it’s a combination of the two. An experienced Burbank personal injury lawyer can gain compensation for any pre-existing condition aggravated by an accident or injury.
Don’t Hide Any Prior Injuries
Be honest with the personal injury attorney and disclose any prior conditions you had during the accident or personal injury. Not disclosing this information can reduce your chances of a fair settlement.
It’s especially vital if the new injury had affected the same parts as the old injury. A non-disclosure will only risk your getting a fair claim.
Victims have to disclose their pre-existing injuries and work with their lawyers. The doctor in proving how the accident had aggravated them.
The opposing attorney or insurance adjuster will check your history, especially if you claim there are no prior complaints. They will use the claimant’s pre-existing injuries to discredit any claims made after an accident.
Eggshell Plaintiff Legal Theory
There are cases where a victim’s pre-existing condition makes them susceptible to injuries in an accident. However, it doesn’t imply that they are less entitled to compensation.
It’s because of the Eggshell Plaintiff legal theory.
The theory protects the rights of a plaintiff susceptible to an injury because of a pre-existing condition. In short, the defendant takes the plaintiff as is, including any prior injuries or congenital condition. They cannot use it during injury attribution.
So explaining your situation before and after an accident to your medical and legal teams helps facilitate correct treatment and accurate compensation.
Importance of Medical Records
Medical records prove helpful to a personal injury attorney. It lets them discuss the results with medical witnesses during a court trial.
For example, if you are left permanently disabled, medical records can help document the disability. It proves how the accident has aggravated your initial conditions.
Do Not Hide Prior Conditions
Hiding prior conditions only set you up to fall where you can face possible court sanctions.
Instead, being honest about any prior medical condition puts you in the law’s good books. It also increases your credibility during the personal injury claim process.
The personal injury attorney can also make a stronger case by connecting recent injuries to known ongoing or previous medical issues. It’s difficult for the at-fault party’s insurance company to deny a claim or minimize the injuries.
Consult an Experienced Personal Injury Lawyer in Burbank Today
Do not hide your pre-existing conditions.
Instead, schedule an appointment with an experienced personal injury attorney. They can establish a strong case based on the severity of the injury, appropriate treatment, and healing time.
They can also help compensate for:
- Medical and hospital bills
- Additional treatment costs
- Loss of wages
The compensation proves helpful if you can’t go to work because of the accident.