How Does Pre-Existing Condition Impact A Personal Injury Proceedings?

Individuals are usually reluctant to disclose pre-existing conditions during personal injury proceedings. This is an understandable emotion given that the at-fault party’s insurance provider may not desire to pay out the claim willingly.

These insurance providers will be even less likely to do so if they discover that a client failed to reveal pre-existing conditions. The client needs to realize that full-disclosure is vital in obtaining compensation during a personal injury proceeding.

Full-Disclosure is Vital

Different regions have various names for the same general principle; the defense must take the plaintiff as they are. This means that if the plaintiff is prone to injury due to another condition, the defendant can still be held liable.

Medical records are essential in a personal injury lawsuit. Doctor’s records can differentiate between old and new injuries. Their accounts in the plaintiff’s medical records can also help determine that the incident in question aggravated or made it worse.

In most lawsuits, it is not the existence of a pre-existing condition that causes problems, but the omission of that injury. When a victim hides the fact that they suffer from some health issues and do not disclose them for the lawsuit, the victim’s credibility is brought into question, not their injury.

Proving Negligence

The Personal Injury Lawyer of a victim in an injury case has the task of proving that the defendant’s actions or inaction in a situation caused injury to the victim. The Personal Injury Lawyer will likely obtain accident reports if they exist to help aid their case.

Incorporating a victim’s medical records can help show a difference between an older injury (pre-existing) and the new injury, which is the reason for the lawsuit.

It is always possible to get compensation for damages in a lawsuit if new injuries made pre-existing ones worse. But This becomes difficult when the victim tries to hide the fact that they even exist. Personal Injury Lawyer will help a victim sort out the details of their case, including the disclosure of the pre-existing condition.

Obtaining Guidance From Personal Injury Lawyers

Personal injury lawyers are no strangers to handling cases with pre-existing conditions weaved within them. These lawyers even know all the tricks the insurance companies try to use to get out of paying a victim. That is why victims should never try to handle their cases themselves, especially if they have pre-existing conditions present.

The law office of Kalsi and Associates, the best Personal Injury Lawyer in Brampton, Ontario, can help their clients receive the maximum compensation or fair settlement they deserve even if they have a pre-existing condition present. Call us today at 1-844-905-2993/ 905-595-2855, for a free initial consultation.

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.

0Shares