People are often reluctant to disclosepre-existing conditions during a personal injury lawsuit. This is anunderstandable feeling given that the at-fault party's insurance company maynot want to pay out the claim willingly. They will be even less inclined to doso if they find out that a plaintiff failed to disclose pre-existingconditions. The plaintiff needs to understand that full-disclosure is essentialin receiving compensation during a personal injury lawsuit.
Full-Disclosure is Key
Different states have various names for thesame general principle, "The Eggshell Theory," the defense must takethe plaintiff as they are. This means that if the plaintiff is prone to injurydue to another condition, the defendant can still be held liable during thelawsuit.
Medical records are essential in a personalinjury lawsuit. Doctor's records can differentiate between old and newinjuries. Their accounts in the plaintiff's medical records can also helpdetermine whether the incident in question aggravated or worsened thesituation.
In most lawsuits, it is not the existence ofa pre-existing condition that causes problems, but the omission of that injury.When a plaintiff hides the fact that they suffer from some health issues and donot disclose them for the lawsuit, the plaintiff's credibility is brought intoquestion, not their injury.
Proving Negligence
The personal injury lawyer of a plaintiff ina personal injury case has the task of proving that the defendant's actions orinaction in a situation caused injury to the plaintiff. The personal injurylawyer will likely obtain accident reports if they exist to help aid theircase. The inclusion of a plaintiff's medical records can help show a differencebetween an older injury (pre-existing) and the new injury, which is the reasonfor the lawsuit.
Compensation for damages in a lawsuit isstill possible if new injuries have made existing ones worse. The only timethis isn't accurate is when the plaintiff tries to hide the fact that they evenexist. The personal injury lawyer will help a plaintiff sort out the details oftheir case, including the disclosure of the pre-existing condition.
Obtaining Help from Personal Injury Lawyers
Personal injury lawyers are no strangers tohandling cases with pre-existing conditions weaved within them. These lawyerseven know all the tricks the insurance companies try to get out of paying avictim. That is why victims should never try to handle their cases themselves,especially if they have pre-existing conditions present. Personal injuryattorneys can help their clients receive the maximum compensation or fairsettlement they deserve even if they have a pre-existing conditionpresent.
If you are injured in an accident or otherunfortunate circumstance, you need an experienced, accomplished, dynamic Personal Injury Lawyer who can defend your rights and help you to get thecompensation you deserve. For a free initial consultation, call the law officeof Niral Patel Injury Law at 1-805-748-9317 today.
