If you find yourself involved in an accident that worsens pre-existing health conditions, you may question whether it’s worth pursuing legal action against the negligent party. You may worry that the opposing party will blame your pre-accident health issues for your current injuries. However, under the Eggshell Doctrine or Eggshell Skull Rule, the responsible party is still liable for your injuries, regardless of your pre-existing conditions.
Frequent scenarios we encounter as Utah personal injury lawyers include:
– Individuals with pre-existing bad backs experiencing worsened conditions due to car accidents.
– Shoulder problems arising from playing baseball in high school becoming further exacerbated by slip and fall injuries, leading to decreased mobility.
– People who have always suffered from headaches experiencing a significant increase in severity and frequency as a result of traumatic brain injuries sustained in biking accidents.
Individuals with pre-existing conditions often hesitate to file lawsuits due to concerns about the impact of their prior health issues on their case. However, a skilled attorney can anticipate insurance company tactics and show how the accident has affected their health beyond the pre-existing condition. To support their claim, individuals can take specific actions while their attorney handles the case.
1. Remember that honesty is the best policy.
Do not attempt to downplay or conceal your pre-existing conditions. Provide your attorney with the full extent of your health issues so they can effectively build a strong case. Failure to disclose pre-existing conditions could be detrimental if the defense discovers them, potentially damaging your credibility and claim.
2. Work closely with your doctor.
Prompt medical attention is recommended after sustaining injuries to prevent further complications. Consulting a skilled physician is crucial as they can detect hidden injuries and prevent them from worsening. It is important to inform your doctor about any pre-existing conditions to accurately differentiate between existing and new injuries. Adhere to their advice, including any recommendations to avoid certain activities. Demonstrating your commitment to recovery is essential for strengthening your case.
3. Write it down. Keep a journal that records the extent and impact of your injuries.
Note your symptoms, when they began, the frequency of discomfort, the number of days you’ve missed work due to your injuries, and any limitations on your activities resulting from the accident. Additionally, maintain a log of medical expenses, including visits to specialists, prescription medications, rehabilitation appointments, and other related costs.
4. Be patient. Due to their complexity, these cases may take longer to resolve.
Insurance companies representing the opposing party may attempt to discredit you to minimize the compensation they have to pay. Remember that the defendant did not cause your pre-existing condition, but they are responsible for the health problems resulting from their negligence. Stay committed to your case and understand that delays are not uncommon. You deserve compensation for the suffering you have endured.
5. Get help from an experienced attorney.
Insurance companies can be intimidating and employ ruthless tactics to limit their financial liability. A seasoned attorney understands the laws pertaining to accident injury cases and can leverage them in your favor, ensuring you receive fair compensation. Furthermore, they can alleviate the emotional burdens and stresses associated with your case, allowing you to focus on rebuilding your life after the injury.
Having a pre-existing condition does not invalidate your case. Over their 28 years of practice, the attorneys have helped numerous injury victims, many of whom had pre-existing conditions, win their cases. Contact them for a free consultation, during which they will provide an honest assessment of your case’s viability.
source: https://lifelaw.com/Is-it-Worth-Filing-a-Personal-Injury-Claim-if-I-have-a-Pre-existing-Condition/
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