Pre-existing Conditions and Your Personal Injury Claim
Personal injury cases can be stressful, especially if you already have a medical condition that makes things more difficult. If you live in Cherry Hill, it can be very helpful to seek the help of an experienced Cherry Hill personal injury attorney.
This article will talk about how pre-existing conditions are handled in personal injury situations and give you ways to get around the problems they cause.
What are pre-existing conditions, and how do they affect claims?
Any health problem you had before the event or accident that hurt you is called a pre-existing condition. Pre-existing conditions can be anything from small illnesses to long-term problems. If you already had a health problem, it might be hard to show that the accident caused your injuries or figure out how much money you should be able to claim in damages.
For example, let us say someone who already has a back problem gets whiplash in a car accident. Some people may find it hard to tell how much of their pain is from the new injury and how much is from the old condition. This could cause problems with the insurance company of the person who was at fault over whether or not your claim is valid or how much it is worth.
Understanding the eggshell plaintiff doctrine and how it protects those with pre-existing conditions.
Luckily, the legal system knows how hard it is for people who already have health problems. The eggshell plaintiff doctrine protects these people by holding the wrongdoer responsible for all the harm they caused through negligence, even if the person was already vulnerable.
This means the accused takes the victim “as they find them.” Even if a small accident causes major damage because of a health problem that the offender already had, they can still be held fully responsible for the harm they caused.
Strategies for overcoming the challenges that come with pre-existing conditions.
Here are some things you can do to improve your chances of winning a personal injury claim if you already have a medical condition:
- Gather medical proof.
Careful recording is very important. Get all of your medical papers for both the accident and the disease you already had. This will help make a clear schedule of how you are doing and how the accident has affected you.
- Talk to a medical professional.
A medical expert can testify about how the crash made your pre-existing conditions worse. Their knowledge can be very helpful in figuring out what caused the damage and how bad it is.
- Get help from a lawyer.
A personal injury lawyer with a lot of experience can help you through the complicated parts of your case and protect your rights. They will know how to best present the proof to show that the accident caused more harm and get you the most money possible in settlement.
It is important to take action on time.
It is important to know that cases for personal injuries have short deadlines, which are referred to as “statutes of limitations.” If you do not make a claim within the time limit, you may lose your entire right to seek compensation.
If you think that an accident has made a condition that you already had worse, you need to act quickly and talk to a lawyer as soon as possible.
Insurance companies may try to avoid paying out as much as possible by doing things like questioning the truth of your claim based on a condition you had before the accident.
These strategies can be fought back against by an experienced lawyer who will build a strong case to protect your rights. They will carefully gather proof, talk to medical professionals, and talk to the insurance company on your behalf.
You can improve your chances of getting appropriate compensation for your injuries by learning about the difficulties of pre-existing conditions and taking action.
