If you have a pre-existing medical condition, an injury can become significantly worse when a new accident occurs. This is because the original condition may have caused damage to your body that makes it more vulnerable to further injury. For example, if you have arthritis in your knees, a fall could result in a much more serious injury than if you did not have arthritis. If you have a pre-existing medical condition, it is important to be extra careful to avoid accidents and injuries. Unfortunately, we can be careful but an accident can always occur if and when others act negligently.
Pre-existing injuries can complicate personal injury cases. If you have a pre-existing condition, it may be difficult to prove that your injury was caused by the accident and not by the pre-existing condition.
There are a few things you can do to try to overcome this obstacle. First, get medical treatment for your injury as soon as possible after the accident. This will help to establish that the injury was caused by the accident and not by the pre-existing condition.
Second, get a copy of your medical records, especially x-rays, cat scans, and MRIs, from before the accident. This will show what your condition was before the accident and how it has changed since then.
Third, find witnesses who can testify about how the accident affected you. For example, if you could not walk after the accident but could before, this would be good evidence that your injury was caused by the accident.
If you have a pre-existing medical condition, it is important to understand how your insurance company may handle your claim. In some cases, your insurer may require you to submit additional documentation or undergo a medical exam.
Insurance Companies Give Low Ball Offers
If they make an offer of settlement, it is likely to be much lower than what your claim is actually worth. This is because insurance companies are in business to make money, and they will do whatever they can to minimize their payouts. However, hiring a personal injury lawyer to help you with this process will reap huge rewards. Your accident injury attorney will be able to negotiate further with the insurance adjuster to reach a settlement that pays you the money you deserve based on the severity of the injury. However, sometimes the insurance company will deny the claim outright. If this happens, you may have to appeal the decision or file a lawsuit.
What is the Eggshell Skull or Eggshell Plaintiff Theory?
The eggshell skull or eggshell plaintiff theory is a legal doctrine that holds that a person who suffers from a pre-existing condition can recover damages from an injury even if that injury would not have been as serious for someone without the condition. The theory is based on the idea that the defendant should have been aware of the plaintiff’s condition and taken it into account when deciding how to act.
The eggshell skull or eggshell plaintiff theory is often invoked in cases involving head injuries, because a person with a pre-existing condition such as a thin skull or fragile bones is more likely to be seriously injured by even a minor blow to the head. The theory can also be invoked in other types of cases, such as when a plaintiff has a pre-existing heart condition and is injured by the defendant’s negligent driving.
Can The Location Of Where My Accident Occurred Affect The Value The Insurance Company Assigns To My Case?
The insurance company will definitely look at the location of where your accident occurred when determining the value of your case. If you were injured in a rural area, the insurance company may try to lowball you by saying that there are fewer potential jurors in rural areas who would be sympathetic to your case. However, if you were injured in an urban area, the insurance company may be more likely to give you a higher settlement offer because they know that there are more potential jurors in urban areas who would be sympathetic to your case.
It is important to remember that the insurance company is not required to give you a fair settlement offer just because of where your accident occurred. However, if you have a strong case, the location of your accident can definitely help you get a higher settlement offer from the insurance company.
Can Giving A Recorded Statement To The Insurance Company Be Harmful To My Case?
Yes, giving a recorded statement to the insurance company can be harmful to your case. This is because the insurance company will use anything you say against you in order to minimize their payout on your claim. For example, if you tell the insurance adjuster that you are not injured, the insurance company will use this against you later by saying that you must not have been injured very badly if you were able to make such a statement immediately after the accident.
It is always best to consult with a personal injury lawyer before giving a recorded statement to the insurance company. Your lawyer will be able to advise you on what you should and should not say in order to protect your case.
Can My Social Media Posts on Instagram, Tiktok, Facebook, etc Affect The Value Of My Insurance Settlement or Jury Verdict For Damages?
Yes, your social media posts can definitely affect the value of your insurance settlement or jury verdict for damages. This is because the insurance company will use anything you post on social media against you in order to minimize their payout on your claim. For example, if you post a picture of yourself hiking after your accident, the insurance company will use this against you by saying that you must not have been injured very badly if you were able to go hiking so soon after the accident. Another example, if you post a picture of yourself dancing at a club, the insurance company will use this against you by saying that your injuries must not be very severe if you are able to go dancing just a few weeks after the accident.
My Doctor Ordered Physical Therapy For My Injury But They Do The Same Thing Each PT Visit, Can’t I Do The Exercises at Home On My Own?
No, you should not do the exercises at home on your own because your doctor has specifically ordered physical therapy for your injury. The reason why your doctor has ordered physical therapy is because they believe that it will help you recover from your injury and improve your overall health. Physical therapy is not just a bunch of exercises that you can do on your own at home. Physical therapists are highly trained professionals who will design a specific treatment plan for you based on your individual needs. They will also progress and modify your exercises as you get stronger and improve. Lastly, your progress is notated and as to what is completed. If you are doing exercises at home there is no written documentation as to what limitations or advancement you are making.
In conclusion, pre-existing injuries are an excuse that insurance companies give to diminish the value of the claim. Do not give them additional excuses by giving a recorded statement or posting on social media. Let your personal injury lawyer handle the insurance company so you can focus on your recovery. If you were ordered by your doctor to do physical therapy, make sure to follow their instructions and go to PT appointments as scheduled. Do not try to do the exercises on your own at home.