Personal Injuries – Pre-Existing Conditions
Being injured in a car accident or a slip-and-fall incident can be upsetting and stressful without any additional factors. However, things become more complicated if you have a history of prior injury or a pre-existing conditions. In such cases, several factors can affect your potential recovery, even if the other party is at fault. These factors include:
- When did you incur or discover the pre-existing injury or condition?
- How did you deal with it?
- Did it contribute to or exacerbate the injuries you claimed were a result of the accident?
- And so on.
Insurance companies will use any means to minimize their payout. Pre-existing conditions are an excellent weapon for their arsenal. Once a pre-existing condition becomes known, insurance companies will attempt to argue that your injury was due to the condition and not the accident. In an attempt to strengthen their case, they may even request unfretted access to your medical history. Do NOT give them authorization. Relay all attempts at communication to your attorney and do not sign anything without their say so. The law still be on your side.
California Law – the “Eggshell Plaintiff”
Under the California eggshell plaintiff doctrine, a person with a pre-existing condition or injury is considered an “eggshell”. This means that they are fragile and more vulnerable to injury. In such cases, a jury is given specific instructions that the injured person has the right to be compensated if their pre-existing injury/condition was made worse as a result of the accident.
This means that full and fair compensation is entirely a possibility; but it requires a complicated and difficult fight. An experienced personal injury attorney can help you cover all your bases and fight off an insurance company’s attempts to reduce your recovery. Nevertheless, to successfully obtain full and fair compensation, you must truthfully share with your attorney everything you remember about you condition, including, but not limited to:
- When did you incur or discover the condition?
- What medical treatment have you sought and with whom?
- How long did you undergo treatment?
- Did you take time off work for recovery?
- Was surgery a recommendation?
- Did you undergo an MRI scan?
- Had you completely recovered before the present accident?
A Personal Injury Attorney Can Help
If the negligence of another injured you or a loved one, contact a personal injury attorney. Our experienced attorneys can help you explore all your options and get the best recovery possible. Schedule a free initial consultation with experienced personal injury attorneys from the Law Offices of Eslamboly Hakim in Los Angeles County. Call 800-LAW-TALK (529-8255) or contact us online.
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Sharona Eslamboly Hakim, Esq. is a successful personal injury attorney and the principal of the Law Offices of Eslamboly Hakim firm in Beverly Hills, California.