People injured in car accidents may experience anything from back pain, muscle strains, and whiplash to a more serious car crash injury. Regardless of the seriousness of your injury, at some point during the personal injury claim settlement process, you can expect a question about your pre-existing injuries affect my personal injury claim. Here’s what you need to know!
Be Honest About Your Pre-Existing Injuries
Pre-existing conditions may take on a number of forms. They can be physical, mental, or a combination of both. Don’t be tempted to claim the pre-existing condition was caused by the accident, or ignore the connection between the old injury and your new pain.
It’s crucial you’re honest about your pre-existing injuries with your personal injury attorney. Failure to disclose these conditions can reduce your chances of a favorable and fair settlement. Not to mention, you might face possible court sanctions because of the omission.
Your Medical Records Are Essential
Your medical records before the accident can be compared to records created after the accident. While your personal injury compensation claim doesn’t cover old injuries, you may be eligible for compensation for injuries made worse by the event. However, you will need to prove that the incident made your existing condition worse using medical records, diagnostic tests, or imaging.
Medical records will show how your accident affected your existing condition and the extent to which you were affected. Once you prove that your existing condition was affected by your recent injury, it’s much more difficult for insurance companies to minimize the extent of your injuries or deny your claim.
The “Eggshell Plaintiff” Theory
Sometimes, a person with a pre-existing condition may be more susceptible to injury in an accident. This, by no means, makes you any less entitled to compensation. Under the “eggshell plaintiff” theory, insurance companies can’t deny you your compensation because you were more prone to injury as a result of your prior condition.
Protect Your Injury Claim
Before filing a personal injury claim, you’ll need to see a doctor first. Medical experts will help you tell the difference between new injuries and pre-existing injuries affect my personal injury claim. In order to ensure you get the compensation you deserve, you should also understand how an injury claim works.
If you’ve been injured in Tampa, FL, hiring a Tampa personal injury attorney will help you make a stronger case. They are likely to have experience in dealing with cases similar to yours. They also have a greater understanding of local laws and regulations, which might save you a lot of headache down the road.