Filing legal claims based on the aggravation of injuries
Car accidents that cause new injuries often also cause previous injuries to get worse or to recur. In many cases, the accidents that result in these problems happen because of negligent driving behavior. If another driver causes a victim to suffer the aggravation of old injuries, the victim may choose to file a personal injury civil lawsuit against the driver. Lawsuits may be necessary when the insurance company either denies the claim or makes an offer that is far too low for the bodily injury that was suffered by the victim.
Payment in cases involving prior injuries
In some states, laws say that insurance carriers must pay for damages that make pre-existing injuries worse. When certain body parts have been injured, those parts may be more prone to reinjury. There is a legal doctrine known as the "eggshell plaintiff." Under this doctrine, people must take victims as they are. In other words, a defendant should not be able to get out of paying just because his or her victim has a pre-existing condition or is one who is more vulnerable.
In cases involving litigation, the injured victim does not recover compensation for unrelated pre-existing injuries. Any injuries that are aggravated or that reoccur because of the new accident must be paid for by the negligent driver or by his or her insurance company.
How insurance companies defend against accidents involving pre-existing injuries
A majority of insurance companies will try to deny new injury claims involving the aggravation or recurrence of pre-existing injuries. The insurance company may try to argue that the newly filed claim only involves pre-existing injuries. This means that the company believes that the claimant's injuries are unrelated to the new accident. If the company is successful, it would mean that the company's insured would not be liable to pay for the costs related to the victim's injuries. Companies that try to make this argument this often do so in an attempt to avoid financial responsibility to pay for the victim's losses. In other cases, companies may instead try to use this argument to make an offer that is much less than the amount than what the victim should actually receive.
When a victim makes a claim about the aggravation of an old injury, the insurance company will is likely to ask him or her to sign a release of medical information. In many cases, the insurance company will use language that would give it an unrestricted ability to access the victim's medical records. It is recommended that you do not sign this kind of form. Instead, your attorney will choose the records that he or she wants to send to the insurance company.
The reason why your attorney will likely do this is because insurance companies like to dig through medical records simply to find a single document they can then use against victims. They do this in order to lower the amount they will have to pay or so they can support denying the claim outright.
Getting help from an experienced personal injury attorney
If you have a pre-existing injury that was aggravated or that reoccurred due to a car accident, you may need to get help from a personal injury lawyer. There is a much greater chance that the negligent driver's insurance company will try to deny your bodily injury claim. These types of cases are often very complicated. Your case may require you to get the opinion of a medical expert. Doing so can help you to prove that the accident caused you an additional injury through aggravating the old one.
In most personal injury cases, settlements are reached without the cases ever needing to go through a trial or through a formal lawsuit. It is possible that your lawyer may be able to send a demand letter together with evidence that shows the aggravation of your injury. This can help you to prove your claim's value to the insurance company. Your lawyer may also be able to evaluate the losses you have suffered.
Your possible losses may include such things as your past and future medical costs, your lost capacity to earn an income through work, your pain and suffering and any loss of companionship or other losses that you have experienced as a result of your accident.
Aaron Crane, an experienced Phoenix personal i
0 comments: