The Effect of Pre-Existing Condition on a Personal Injury Lawsuit
A pre-existing
condition is a medical condition, an injury, or a sickness that a person
had before to the accident. If you are ever in an accident and the fault is not
yours, you must file a personal
injury claim. It makes no difference whether you have a pre-existing
condition or not. It's up to you to claim it. The scenarios in each case may
differ, and as a result, the claim amount may vary. If you are involved in an
accident, you should immediately file a claim. In this situation, you may be
able to recover compensation for your injuries, as well as lost wages, pain,
and suffering.
The following are the most common
pre-existing conditions that affect the success and credibility of a personal
injury lawsuit. The pre-existing conditions may be divided as previous injuries
and chronic conditions.
·
Slipped disc or Herniated disc
·
Short-sighted or far-sighted
·
Diabetes
·
Asthma
·
Sick-headache or migraine
·
Depression
When the plaintiff of a personal
injury files a lawsuit, like any other claims, the insurance
adjusters will try to reduce the value of the claim. The important point
they use to do this is establishing that the claimant’s injuries are
pre-existing and not related to the current personal injury.
On the other hand, if the claimant can prove that the
injuries are not pre-existing, but related to the subject injury, he can bag
more compensation amount. This is governed by Eggshell skull rule in personal
injury law. The eggshell skull rule suggests that, regardless of the
plaintiff's pre-existing condition, the at-fault party in an accident is always
accountable for the plaintiff's injuries.
It is critical to be truthful if you are involved in an
accident. If you have any pre-existing injuries, you must inform the at-fault
party and his attorney. This is done to ensure a fair trial and a reasonable personal
injury claim settlement.
If you try to claim extra money from the at-fault
individual without disclosing the circumstances of your pre-existing ailment
and he discovers it, you will be sued. The jury may therefore find in favor of
the at-fault party due to the breach of trust and violation of the norms. As a
result, it is usually preferable to reveal any pre-existing conditions in order
to collect compensation for your personal
injury lawsuit. Medical
records can be used as valid evidence in proving that the subject accident
injuries are not pre-existing. Personal
injury attorneys seek the support of medical record
review agencies that review
medical records of the claimant and substantiate the claim with valid
medical evidence.
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