Memphis is the city that graces great musical history along with vibrancy in culture. However, like any other urban area, this city also suffers from an increasing number of accidents and injuries. Sometimes, residents will have to handle the maze of a personal injury claim.
The process of getting fair compensation can get tricky if the victim had health issues before the accident. Such pre-existing conditions can make all the difference in a personal injury case.
If you are dealing with a personal injury claim in Memphis, it’s really important to understand how your past health problems could impact your case. Local laws and practices will have an impact on the case, so a good grasp of how everything works where you are will have to help.
In this blog, you will be able to learn how pre-existing conditions apply to your personal injury claim and the relevant legal doctrines.
What is a Pre-Existing Condition?
A pre-existing condition is an issue that you had before the accident. They will fall into categories, such as:
- Back injuries
- Arthritis
- Heart conditions
- Mental health conditions
or osteoporosis are less obvious issues that could also be part of pre-existing conditions. In some cases, those pre-existing conditions can be considered allergies or a weakened immune system.
How Pre-existing Conditions Affect Your Claim
Insurance companies often use pre-existing conditions to try to pay less for your injury. They might argue that your current pain or problems are just your old condition acting up, not a result of the recent accident.
If not properly addressed, this tactic can significantly reduce the amount of compensation you receive. It’s crucial to be prepared for this argument and have evidence to counter it.
The Eggshell Plaintiff Rule
This means that this legal principle specifies that even if you’re more easily hurt because of a pre-existing condition, the person responsible for the accident is liable for all harm they cause you.
It protects vulnerable people from being unfairly treated in personal injury settlements. It prevents such people from ending up with large deductibles in health matters when making claims for new injuries.
Record Your Health History
Honesty About Medical History
Hiding old health conditions will hurt your case. It is better to be honest from the start. Your openness is going to build some confidence between you and your lawyers. It may sometimes even help in supporting your case by showing evidence of your condition before and after the accident.
Gather Relevant Medical Records
Compile all medical records from all sources before and after the accident. This tends to be an indication of how much the accident has worsened things.
Don’t forget to obtain records for all visits to healthcare providers, including visits to specialists, physical therapists, and mental health professionals. The more complete your medical history is, the clearer the impact of the accident.
Maintain a Health Journal
Record your daily symptoms following the accident. This will help to prove how pre-existing and current conditions are affecting you.
Details should be present about your pain, mobility, emotional well-being, and how your wounds or injuries affect daily life. Documenting this in real-time can be compelling evidence for your case.
The Role Played by Medical Professionals
Seek Expert Advice
Doctors can clarify how the accident has impacted your existing condition. Their expert opinions will strengthen your case.
Look for doctors who have experience testifying in personal injury cases. They’ll know how to communicate complex medical information in a way that’s clear and persuasive to those who’re from a non-medical background.
Before and After Comparisons
Medical professionals can easily show a comparison between your health status before and after the accident, which proves that the accident has had a negative impact.
They can use the diagnostic tests, physical examination, and symptoms you describe to build an obvious picture of how the accident affected your health. Such a before and after comparison may prove critical in proving the severity of new injuries.
Legal Success Strategies
Focusing on New Injuries
Sometimes it will be best to focus on the injuries that are clearly new and caused by the accident. That will keep you from getting into a fight about your old health problems.
New injuries can more easily be linked directly to the accident and can therefore be more difficult for the insurance company to argue against. Your attorney may pursue this argument in cases where the new injuries are severe and therefore would largely prove your claim on their own.
Using Expert Witnesses
It helps if you can find an expert witness and get their testimony. The experts will explain the complex medical terms in a way that a jury can comprehend them.
Consider seeking experts in fields that relate to your injuries, such as orthopedics in areas with bone injuries or neurologists in cases of brain injuries. Such experts will help you by providing some information relating to the long-term effects of the injuries you sustained.
The Settlement Process
Be Patient
Do not rush the course of settlement. You need time to learn about the long-term implications of the accident for your health.
Giving it time will enable you to file for compensation to cover permanent or long-term changes in your health state.
Understand the Worth of Your Claim
Research similar cases to determine the value of what your claim could be. This will prevent you from settling for way less than what you deserve.
Consider not only your immediate medical expenses but also your future needs, lost wages, and the impact of your injury on other areas of your life. An excellent grasp of your damages places you in a good position for negotiation.
Conclusion
Dealing with a personal injury claim while battling pre-existing conditions can be very stressful. But remember, you still have rights, and having a health history will not erase those rights. The best way forward through this complex process is to be honest and thorough in engaging with the right professionals.
Stay updated, be patient, and do not fear arguing your case. With the right approach, you can work towards fair compensation, which will enable you to move on with your life.
