Will A Pre-Existing Injury Affect My Personal Injury Case?
A pre-existing injury will affect your personal injury claim because your attorney will need to establish the difference between your physical and mental condition at the time of the car accident, and after the car accident. In other words, the at-fault party is only responsible for the damage they cause as a direct result of the accident.
Most commonly, pre-existing injuries are back or neck injuries, shoulder injuries, and knee injuries. As you might imagine, it’s easy to distinguish a pre-existing shoulder injury from a head injury that stemmed from the accident. In that case, the at-fault party would not be responsible for the shoulder injury because it is not related to the accident. A much more difficult situation to sort through is one where a client has a pre-existing back injury, and the most recent car accident worsens that back injury. The at-fault party only wants to pay for the additional damage which was caused by the car accident.
Medical Records Prior To The Accident
One way to prove that the injuries you are experiencing are a direct result of the accident is to prove you did not have those conditions prior to the accident. Quite often, insurance adjusters will ask you to provide a few years of prior medical records. If you were treated for back pain the year prior to the car accident, you can count on the insurance adjuster arguing that the car accident only aggravated the back injury, but did not cause it. As a result, the adjuster will lower the value of your claim, affecting the settlement value of your case.
Treatment After The Accident
The insurance adjuster will also carefully review your medical records after the accident. For this reason, if possible, you should treat with the same physicians or team of health professionals after the accident, that you treated with before the accident. Those professionals are in the best position to make a statement as to your injuries prior to the accident, versus after the accident.
The Eggshell Plaintiff Theory
There is an eggshell plaintiff theory in North Carolina. While this is not a statute, it is a result of common law or case law over the years. The general rule that comes from the eggshell plaintiff theory essentially states that just because an injured party was prone to a particular injury does not mean they should not be compensated for it. For example, assume a particular individual has a condition that makes them more susceptible to suffer PTSD from a traumatic event. If the accident causes them PTSD, the at-fault party is still responsible for that. This is true even if most other individuals would not have had PTSD from the event. The at-fault party is not responsible for the underlying susceptibility to PTSD, but they are responsible for the PTSD which was caused by the accident.
Before And After
Your personal injury lawyer will address any pre-existing injury concerns by demonstrating to the adjuster the difference between your life before the accident and after the accident. While medical records and medical billing help to establish this, the attorney can also gather additional evidence to support this. Your inability to participate in activities such as horseback riding or running, or your inability to interact with your grandchildren in the same manner after the accident as before the accident, all count toward the value of your car accident or slip and fall claim.
Speak With A Personal Injury Lawyer Today
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