According to the law, a victim of an accident is entitled to fair compensation for the new injuries, even if he or she had prior injuries and other health conditions. No matter if you’re seeking compensation for damages associated with slip and fall, vehicle accidents or workplace injuries, the insurance legal team and adjusters will try to find out about your pre-existing injuries. So, it helps to have a skilled lawyer to boost your chances of getting fair compensation.
The insurance company’s legal team might argue that the plaintiff’s previous chronic health condition or injury wasn’t caused by the defendant. And that’s true. However, you don’t have to bury your head in the sand. You have a right to compensation for the damages associated with the new event. Whether these damages are an aggravation of the previous condition or new ones, you should be compensated.
This is a tough battle, a reason you need a fearless attorney to fight for your rights.
Establish liability for a personal injury claim
Unless you intend to seek compensation under your policy’s no-fault vehicle insurance, no insurer will accept your personal injury claim without convincing pieces of evidence that their insured was to blame for the event that caused the damages. Therefore, you (the plaintiff) and your lawyer are charged with the most challenging task ever – proving beyond any reasonable doubt that the defendant was, indeed, negligent.
The 4-phase process of proving negligence is challenging, warns Ladah Law Firm, a reputable law firm. The plaintiff must prove the duty of care (the defendant had a duty of care not to cause harm to others). You must also prove that this duty of care was breached (the defendant did something wrong, or failed to act reasonably just as any other reasonable individual would have in the same situation). The third element is the cause. You should prove that as a result of the at-fault party’s breach of duty, you suffered injuries. Lastly, you must confirm that you suffered damages – support these arguments with your medical records.
Remember, recorded statements could be used against your case. Insurance adjusters are experts in looking for reasons to discredit a personal injury claim or reduce the overall amount of compensation a victim of personal injury is seeking. Before any request for medical records is made, an adjuster might ask you to record a statement. Saying one wrong thing can sink your personal injury claim. The experts know many ways of getting you to make ‘admissions against interest’ regarding a pre-existing injury or health condition.
Seek legal help
Fighting against insurance companies in your quest to get fair compensation is always exhausting and requires an in-depth understanding of the relevant laws, experience in settlement negotiations, and accurate claim valuation. A pre-existing injury or health condition could make everything more challenging that you previously expected. This is the reason you should seek the help of an experienced personal injury lawyer. He or she knows how to build a strong case and ensure you get compensated.