One common trick played by insurance companies is to claim that a personal injury victim's injuries were "pre-existing" and this, their insured is not accountable for any damages. In simple fact that, there are seldom the true cases involving "pre-existing injuries" when that term emerges its plain and the conventional meaning.
A true "pre-existing injury" can be something that already exists and was not affected by a brand-new occurrence. Thus, if I already a fractured leg and was planning on a serious car compensation for injuries, my lawyer could not being claim the fractured leg was caused in a car accident. This is so obvious that this almost never occurs.
Rather, consumers need to understand that simply because have a past injury your house prevent them from retaining a personal injury lawyer and filing a claim for a personal injury. In fact, it is their right to start this.
Every first year law student learns upon a "eggshell plaintiff doctrine" on their Torts class. The law recognizes that a pre-existing injury will make you more likely to are enduring an additional injury, even by way of a relatively mild collision. Legitimately, the victim of used car or truck collision must be accepted in the condition they were almost everywhere in the collision. This means whatever person or people responsible to the automobile collision are fully in control of all injuries sustained while using the victim, no matter how unforeseeable such injuries is certainly. Car accident attorneys refer to this as the "Eggshell Plaintiff" or "Eggshell Skull" principle, with regards to the idea that a theoretical victim's condition is extremely fragile that the slightest contact caused substantial problems for the victim. This concept applies to mental ladies and physical injuries such as considering impact a person's assault on Vietnam veteran's post-traumatic put attention syndrome.
Thus, consumers should know that insurance companies are fully given the task of their insured's negligence that causes an aggravation or exacerbation from a pre-existing injury.
Also, the Eggshell Plaintiff principle only pertains to the damages a personal injury victim may recover. The Eggshell Plaintiff principle does not affect the standards for credit when determining fault with regard to the automobile accident.
It will be important for your injury attorney what you must your complete medical history to overcome these tricks played around the insurance companies and perfectly present your case. That it was not, insurance company defense lawyers attempt to distort the place, distort the truth, to not have taking responsibility for the injuries as a consequence of their clients..