A pre-existing condition being aggravated by a car accident is a common claim. Though this is something that should be handled quickly, and with the help of an experienced Personal Injury Attorneys. Because if you try making a claim without an attorney, insurance companies will very often put up a big fight regarding exacerbation of pre-existing injury claims, especially with spinal injuries.
Concealing Pre-existing Condition
Never try to conceal the true facts about your previous injuries in the same place as your new injuries. The insurers will be easily able to find that you had a pre-existing condition from your medical records. Hence hiding past conditions can make it harder to recover damages, as the insurance company may allege that you are fabricating or exaggerating your injuries
Rather than concealing pre-existing condition, realize that the defendant will lawfully need to compensate you for all your accident related damages. Unveil your full restorative history as is pertinent to your case to the insurance company and your attorney. This information will enable your attorney to fight for the compensation you deserve for your pre-existing as well as new injuries that occurred due to the accident. Thus, it is in your greatest advantage to be transparent about your well-being and medical history in the event an auto accident exacerbates your pre-existing injury. As a plaintiff, the eggshell skull rule can work to support you.
The Eggshell Skull Rule
The eggshell skull rule is also known as the eggshell-plaintiff rule or thin-skull rule or the old-soldier’s rule. The rule got its name from a typical case that lecturers use in graduate law school, of an anecdotal person with a skull as delicate as an eggshell. In the event that a mishap would have just bruised the normal person’s head, however it killed the individual with the delicate skull, the defendant would be subject for the offended party’s damages, paying little mind to whether someone else likely would not have endured such serious damage.
As per the Eggshell rule, the defendant must accept the plaintiff just as he is, including any pre-existing medical conditions that are not immediately obvious. The victim’s attorney will present the case and the final decision remains with the court, the judge decides whether the eggshell skull rule applies in this individual case.
If you or a loved one has got pre-existing condition being aggravated by a car accident and has a claim that may fall under the eggshell skull rule, it’s vital that you have an attorney look into the facts of your case as soon as possible. As failing to correctly apply this rule in court can severely limit the potential value of your case.
Our experienced personal injury attorneys at Farahi Law Firm, APC are experienced in this area of law, and are happy to provide you with a free consultation. Call us today: (310) 774 4500