How Previous Accidents Will Affect Your Personal Injury Claim?
Auto accidents are very traumatic to think about, much less be involved in. yet, like the rain, they are a common occurrence. If you have ever been involved in a car accident, you’ll want to file a personal injury claim. However, if you have been involved in previous car accidents, they could come back to haunt you. The defendant’s personal injury lawyer could always reduce your settlement to zero claiming that your current injuries were actually caused by your previous car accidents. Read this article to learn more!
If you hire a personal injury lawyer, this professional can argue that you are due compensation because the injuries you have sustained in your previous car accident were completely unrelated from those sustained in your previous car accidents.
Establish a baseline
When you hire a personal injury lawyer in Corona, he or she needs to establish a baseline. This is essentially providing evidence that you enjoyed good physical health before your accident. Your lawyer may need to access your past medical records and other pertinent documents/information.Your lawyer will also need to look at previous medical records. He or she can use the information to prove that you have since made a full recovery. This will be an important component for the injuries you had in the current accident. Thus, give an honest opinion about any pain or suffering that maybe due to a chronic condition so that your lawyer can draft a claim accordingly.
Duty of Care: It was the responsibility of the at-fault party to avoid causing you any damage or harm
Cause: The breach of duty of care led to the accident and led to your injuries. Your lawyer will need to take this into consideration to formulate a plan of action when filing the claim
Damages: You will need to prove the injuries that are supported by the hospital medical reports and bills apart from the future treatment prognosis.
Know about aggravating existing injuries
You can rest assured that pre-existing medical conditions like arrhythmia will not affect your chances of obtaining a settlement in court at all. However, if you already had a herniated disc which enhanced your pain and suffering due to a car accident, it will still be considered that the accident was the reason for your additional injuries. Your lawyer will need to do an excellent job in arguing that you are worthy of the settlement you are asking for though.
As you can see, having priors may complicate your personal injury claim, but if you hire a good personal injury lawyer, you will be able to win your case in court!