Author: Jay Kennamer, Esq., McMahan Law Firm
Suffered Injuries Before an Accident? A Lafayette Car Accident Lawyer Can Help You Seek A Compensation Claim
In some auto accidents, victims have pre-existing medical conditions and those conditions could worsen after an accident. If you have pre-existing conditions, insurers of the at-fault party may attempt to prove your injuries were not the result of the accident, but of your past conditions in order to get out of paying for your injuries. If you or a loved one had an existing condition that became worse after being in an accident, you need a Lafayette car accident lawyer to help fight for the compensation claim you deserve. You can have a claim even if you have a pre-existing condition.
The legal professionals at The Law Offices of Blaine Barrilleaux believe that every client deserves to receive compensation for their afflictions, especially if a past injury was made worse due to the negligent actions of another individual. Let our team of knowledgeable lawyers represent you on your accident case. We are willing to fight in court if the insurance companies do not cooperate.
The trauma after an accident could impact previous medical conditions by causing them to flare up. Previous conditions that are commonly made worse after car accidents include:
- Back Injuries
- Degenerative Disk Disorder
- Knee Injuries
In some cases, people decide not to file a claim because they assume they will not receive compensation because of past medical conditions, such as these. Past conditions should never be the reason you decide not to file for a potential compensation claim. Only a Lafayette car accident lawyer can evaluate the case and determine if you’re able to receive compensation for new or past injuries after a wreck.
Eggshell Plaintiff Rule
The eggshell plaintiff rule, also known as the “thin skull rule,” “soft shell,” or “fragile skull,” is based on the overall idea that a defendant should compensate the injured victim if the accident caused their pre-existing conditions to become worse than before.
In other words, you are not penalized for past conditions before the wreck. In these types of cases, the defendant is required to accept the plaintiff as they found them when the crash occurred. The driver at-fault and their insurance company can be held liable for the damages you suffered from the wreck, even if you were not completely healthy before the car crash.
The at-fault driver may not have caused any injuries, but they could be held responsible for causing your past injuries to become aggravated and creating increased damage due to the car wreck.
Previous Medical Records
If you or someone you love has pre-existing conditions, past medical records can be used in compensation cases by displaying how past conditions have been affected by the accident.
For example, old X-rays and MRI tests can be used to show the state of injuries that existed before the accident and help indicate how the wreck impacted those past injuries.
Previous medical records could be a major tool for gaining the compensation you deserve for your injuries.
It’s vital to remember insurance companies are not on your side because they want to avoid paying for your injuries. Insurance companies may ask you or your loved one to sign a medical authorization form. A signed medical authorization form will allow your entire medical history to become accessible and may be used against you during your case.
For this reason, it’s essential to speak with one of our injury attorneys before signing any paperwork or speaking with insurance companies.
Evidence To Support An Injury Claim
Evidence is a vital part of any compensation claim. For example, past and recent medical records will help prove how the wreck caused greater harm to past conditions. The medical records must show how the accident made the previous injuries worse. Your physician needs to document the severity of the injuries and provide detailed notes of how the accident caused immense damage to pre-existing conditions.
Also, you need to contact one of our experienced and dedicated attorneys who can help gather evidence for your compensation claim. We want our clients to return to their lives as quickly as possible. We will help organize the evidence on your personal injury case while you focus on recovering.
The Centers for Disease Control and Prevention (CDC) reported there are “30.8 million emergency department visits for unintentional injuries.” When unintentional injuries happen you need to seek medical attention, because it can help you or a loved one receive compensation. Listed below are hospitals in the area where you can receive medical assistance:
For more information on the types of services these hospitals offer, visit the links above.
Representing Injured Victims
Blaine Barrilleaux has over 20 years of legal experience and knows how insurance companies operate. We are ready to fight for every client that seeks our legal assistance and can help you stand up to insurance companies.
We understand the devastation you may be facing after a collision, especially if you have suffered past injuries that have become worse after the accident.
If you have a pre-existing injury, you need a law firm who understands your rights. Our personal injury attorneys will walk alongside you and keep you up to date on the progress of your case. Call us today at (337) 989-1212 or fill out our free case evaluation form. We are ready to fight for you.
About The Author
Jay Kennamer is a car accident lawyer in Chattanooga, Tennessee and has been practicing personal injury law at the McMahan Law Firm since 2000. In 2011, Jay was recognized by the National Trial Lawyers as one of the Top 100 Trial Lawyers in the United States. Jay has also received the Peer Review Rating by Martindale-Hubbell.