When a person is involved in an accident due to the negligence of another, it is the injured party’s right to seek compensation. However, what if the injured party has a pre-existing condition that they’ve had prior to the occurrence?
Today we’ll tell you how you should handle your personal injury claim when you have a pre-existing condition.
When you are harmed due to no fault of your own, you should seek legal guidance from a personal injury attorney. This is true even if you have a pre-existing condition. Yes, this situation is a bit more complex, but that’s even more reason to seek out experienced guidance on how to proceed.
You are always entitled to file a claim for injuries caused by an accident, so even if you already had a condition and symptoms, if your symptoms have worsened or if the accident made your symptoms reappear, you are within your rights to file a claim.
Upon seeking a personal injury lawyer to help with your claim, you will need to decipher the symptoms that are a direct result of the accident. Your attorney will have a medico-legal expert create a report that entails your conditions before and after the accident took place.
Medico-legal experts are completely independent and unbiased. They evaluate a patient’s claim, injuries, medical history, and treatment plans. Their results will give a fact-based report of the patient’s injuries and the cause(s). Your medico-legal expert can ask for tests, scans, or other investigatory evidence to help them determine the injured party’s full condition prior to and after the accident.
Once the report is provided, your personal injury attorney will know how to proceed with your claim.
Note that if your pre-existing injuries become more severe as a cause of the accident, the at-fault party will be liable for the injury caused. This is based on the “eggshell skull” rule, which essentially states that a person’s frailty cannot be used against them.
Don’t wrestle with whether to see a personal injury attorney for your injuries caused by another, even if you have a pre-existing condition. You may be eligible for compensation and your experienced lawyer can help.
Contact our Thornton and Northglenn accident attorneys, Hull & Zimmerman, P.C. We understand the pain and frustration that comes with an accident. While it can never truly compensate you for your loss, damages may help address the financial realities of your situation. Contact us today to schedule a pressure-free, no-obligation consultation, so you can learn what your legal options are. Proudly serving North Denver, Northglenn, Westminster, Thornton, Commerce City, Arvada, and Broomfield.
At Hull & Zimmerman, P.C., we are honored to help accident victims in their time of need, and take our responsibility as personal injury lawyers incredibly seriously. We know how important it is for victims to secure the full and fair compensation they need following a serious accident, and that is why we take a hands-on, personalized approach to every case we handle.
awarded to a woman who was a victim of a car crash. The woman was driving the highway when the other driver approaching from the opposite direction lost control of his vehicle, crossed the center line and hit her head on. She suffered multiple broken bones, including her hip, pelvis, leg, and right arm. She missed several years of work as a result of her injuries. Read More
awarded to a woman who was the victim of a t-bone car crash. The client suffered multiple injuries. The most significant of which was a head injury. While she was ultimately able to return to work on a part-time basis, Plaintiff was never able to return to work on a full-time basis. Read More
settlement awarded to a lady who suffered a head injury. She slipped and fell in a slanted parking lot at her place of employment. Evidence demonstrated that the owner of the building had constructed a fence shading the parking lot such that ice was allowed to continuously accumulate during the winter months. Multiple people had fallen on the ice prior to the client’s fall. As a result of her injuries, Plaintiff was forced to take early retirement. Read More
awarded to a man whose vehicle was hit from behind by a semi. The injured party suffered back pain and rotator cuff tears in each shoulder and was forced to retire from his job doing road repair four years earlier. Read More
settlement (policy limits) awarded to a young man who lost his eye when another child shot an arrow into the air. Read More
settlement obtained for a man who was injured in a rear end automobile accident. He suffered a herniated disc in his low back which was not well resolved by surgery forcing him to leave his employment as an apartment maintenance manager. Read More
awarded to a gentleman in association with a workman’s compensation case. He initially sustained a head injury at work when attacked by a patient. Several years later, his condition worsened resulting in his inability to return to work in his usual job. Read More
settlement achieved in a legal malpractice case. The client initially suffered a herniated disc in her neck in association with an automobile accident. The attorney failed to file the lawsuit in a timely manner and the Plaintiff was initially denied her ability to achieve any monies from the original lawsuit. Read More
settlement awarded to a man who was a victim of an automobile accident. Plaintiff was a passenger who was rear-ended by another driver. Following the accident, he suffered a long term back injury. Read More
settlement awarded to a lady who aggravated a pre-existing back condition when she slipped and fell at the entrance to a casino. Read More
awarded to a woman who suffered a rotator cuff tear from an automobile accident. Read More