Do You Have Pre-Existing Injuries?

Do You Have Pre-Existing Injuries?

Mississippi Car Wreck Doctor

Do You Have Pre-Existing Injuries?

In a perfect world everyone would be in perfect health. Realistically, most individuals deal with pre-exsiting injuries during their life. If you have any pre-existing injuries, it is critical you inform your Personal Injury Attorney. Not telling your Personal Injury Attorney could diminish your chances of getting a fair settlement.

Normally, if you have a pre -existing injury that is unaffected by an accident you would not be entitled to a reward from a personal injury claim.  However, if the pre- existing injury is aggravated or worsened due to a subsequent injury, then you may be able to recover.

Why Pre-Existing Injuries Matter

It is important to work with a physician if a subsequent injury has affected a pre-existing injury.  A physician can prove your pre-existing injuries have been aggravated. This information can strengthen your case. Your Attorney will compare past and present medical records. Your Attorney can verify objectively how the accident aggravated your present pre-existing injuries.

This information is critical. An insurance company or an opposing attorney can use your pre-existing injuries to discredit you. This may ultimately cause you to lose your personal injury claim.

The Eggshell Plaintiff Rule and how it Relates to Pre-Exsiting Injuries

Although the rule has funny name, it is to protect you. Sometimes the rule is referred to as “take your victim as you find them.” The eggshell plaintiff rule ensures when you have fallen victim to a personal injury you should seek representation. Having a pre-existing injury may place you in weakened state (like an eggshell). This means you are more vulnerable to an injury that could further aggravate the pre-existing injury. The eggshell rule holds the defendant in your personal injury case responsible for damages that stem from their wrongdoing.

An Example of the Eggshell Rule

For example, Jack and Jill are classmates. Jill playful kicks Jack in his leg as a sign of flirtation.  A few minutes after the kick, Jack starts crying. He is experiencing sever pain in his leg. Jack is then taken to the hospital to be treated. The doctor discovers that Jack’s leg had been broken due to a fall 3 years ago. The kick by Jill has aggravated Jack’s pre-existing injury. Jack is in a position where he can recover from Jill for personal injury and his medical expenses.

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Injury Lawyers Mississippi & Alabama

Pepper and Odom, P.C. law firm – Save Our Number In Your Phone Now 601-202-1111 Jackson, MS or 205-250-1107 Birmingham, AL