Let’s discuss a tricky part of accident claims – pre-existing medical conditions. Insurance companies can pull all kinds of tricks to deny claims. They love to say things like “Oh, your back pain? That’s just your old injury acting up, not from the crash.”
But here’s the thing – don’t let them fool you. A skilled car accident lawyer knows how to deal with such cases. Experienced lawyers know how to turn things around. They know that if you are already suffering from some illness, you are entitled to compensation, especially if it worsens due to a collision.
Your Car Accident Lawyer and the “Eggshell” Rule
Ever heard of the “eggshell plaintiff” rule? It’s actually pretty fascinating. This legal rule basically says that if someone causes an accident, they’re responsible for all the damage – even if the person they hit was more easily injured than most people.
Think about it like this: Say you’ve got an old shoulder injury from playing sports. It’s manageable, maybe bugs you now and then. Then boom – you get rear-ended at a stoplight. Now that shoulder is killing you, way worse than before. Guess what? The other driver’s insurance should cover that extra damage. Competent car accident lawyers win cases like this all the time.
Getting Your Medical Evidence in Order
This cannot be stressed enough – you’ve got to document everything. Here’s what you should gather:
- Every single medical record from before the accident
- Notes about how the crash changed your daily life
- Statements from your doctors (they’re gold in these cases)
- A daily journal tracking your pain and limitations
- All your medical scans and test results – old and new
Watch Out for Insurance Company Mind Games
Insurance adjusters aren’t amateurs. They’ll dig through years of your medical history looking for anything they can use against you.
Here’s a pro tip: Be totally honest about your medical history. Your doctor’s honest opinion about how the crash affected your condition is worth its weight in gold. And don’t forget to write down all the new ways the accident has limited your daily life.
Making Your Case Rock-Solid
Want to know the secret to winning these cases? It’s all about the details. Here’s your checklist while looking for a “car accident lawyer near me”:
- Tell every doctor about your medical history
- Keep a diary of new symptoms since the crash
- Save every single medical bill and record
- Track all your physical therapy visits
- Add up every penny you’ve spent on treatment
- Get reports from doctors who know accident cases
Good documentation and strong medical evidence make all the difference. When the insurance company sees you’ve got your ducks in a row, they’re more likely to take your claim seriously.
Although managing car accident claims when one has pre-existing conditions is tough, the right lawyer makes everything easier. Well-drafted medical documents and legal principles such as the “eggshell plaintiff” would ensure one receives adequate compensation. Adequate documentation coupled with honesty is critical in overcoming the tactics utilized by the insurance company in order to ensure that your case is watertight.
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