What Is the Impact of a Pre-Existing Condition in a Personal Injury Lawsuit?
People are often reluctant to disclose pre-existing conditions during a personal injury lawsuit. This is an understandable feeling given that the at-fault party’s insurance company may not want to pay out the claim willingly. They will be even less inclined to do so if they find out that a plaintiff failed to disclose pre-existing conditions. The plaintiff needs to understand that full-disclosure is essential in receiving compensation during a personal injury lawsuit.
Full-Disclosure is Key
Different states have various names for the same general principle, “The Eggshell Theory,” 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 during the lawsuit.
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 whether the incident in question aggravated or worsened the situation.
In most lawsuits, it is not the existence of a pre-existing condition that causes problems, but the omission of that injury. When a plaintiff hides the fact that they suffer from some health issues and do not disclose them for the lawsuit, the plaintiff’s credibility is brought into question, not their injury.
The personal injury lawyer of a plaintiff in a personal injury case has the task of proving that the defendant’s actions or inaction in a situation caused injury to the plaintiff. The personal injury lawyer will likely obtain accident reports if they exist to help aid their case. The inclusion of a plaintiff’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.
Compensation for damages in a lawsuit is still possible if new injuries have made existing ones worse. The only time this isn’t accurate is when the plaintiff tries to hide the fact that they even exist. The personal injury lawyer will help a plaintiff sort out the details of their case, including the disclosure of the pre-existing condition.
Obtaining Help 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 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. Personal injury attorneys can help their clients receive the maximum compensation or fair settlement they deserve even if they have a pre-existing condition present.
If you are injured in an accident or other unfortunate circumstance, you need an experienced, accomplished, dynamic Personal Injury Lawyer who can defend your rights and help you to get the compensation you deserve. For a free initial consultation, call the law office of Niral Patel Injury Law at 1-805-748-9317 today.