Many individuals are perplexed when it comes to reimbursement for pre-existing ailments. They allowed insurance companies and other representatives of at-fault parties talk them out of money that was properly theirs because they didn’t grasp the law.
It’s critical to realize that you have a legal right to compensation for the aggravation of pre-existing ailments. This can involve the deterioration of bodily and/or mental health. Keep reading to learn more and then contact The Law Offices of Larry H. Parker at 800-333-0000 to request a free legal consultation.
An example case
Let’s say a person with a history of back injuries is rear-ended at a stop sign. Their previous ailment suddenly flares up with fresh pain, necessitating another visit to the chiropractor or physical therapist. While the at-fault driver did not cause the original back injury and is therefore not liable, they did cause the new symptoms and are therefore liable. As a result, the sufferer might claim damages for both the expense of any future therapies and their present pain and suffering.
If you have a pre-existing injury, you must always disclose it.
If you’ve been in an accident, it’s in your best advantage to tell your lawyer about any previous injuries you’ve had, even if the new injury you’ve sustained in the accident appears unconnected. If you fail to disclose prior injuries and they are brought up in court, it may jeopardize your credibility and limit the amount of damages you can recover.
Plaintiffs with a soft shell are more vulnerable to injury
A plaintiff with a pre-existing injury is known as a “soft-shell plaintiff” in the personal injury industry. This phrase alludes to the notion that a person who has been weakened by a previous injury is more likely to be harmed in a subsequent accident, even if the event was not severe enough to produce the same injury in a healthy person.
A low-impact car accident, for example, could aggravate a pre-existing neck or back injury. While a jury may be dubious of a healthy individual claiming harm after a small collision, a good attorney can explain how a “soft-shell” plaintiff is more vulnerable and dispel any question in the jury’s mind that the tiny collision caused the injury.
The importance of meticulous medical records cannot be overstated
A thorough comparison of old and new medical data is required to get compensation for worsening of a pre-existing disease. To assist understand the documents, your personal injury lawyer will consult medical specialists as required. The aim is to demonstrate when the injury occurred, what your condition was before to the event, and how the present accident worsened the damage and altered your health. This evidence might be critical in establishing the amount of medical expenses you are entitled to.
You can get started right away by contacting The Law Offices of Larry H. Parker at 800-333-0000.
