What to Know About Pre-Existing Medical Conditions After a Crash
Some people who are hurt in a car accident near Decatur had been in perfect health before the crash, but not everyone is this fortunate. Auto accident survivors who already suffered from health issues like chronic low back pain might find it difficult to get the compensation they deserve. Although pre-existing medical conditions can make a case more complex, a seasoned personal injury lawyer knows how to use the right strategies to obtain favorable results.
The so-called eggshell doctrine, or eggshell skull, is a legal principle that can influence personal injury litigation if the plaintiff has a pre-existing medical condition that was made worse by the incident. This doctrine gets its name from a fictitious example frequently discussed in law schools. It involves a fictitious person who has a skull as thin and fragile as an eggshell. The defendant hits this person in the head. The same physical trauma wouldn’t severely harm a normal person, but the person with an eggshell skull dies. According to the eggshell doctrine, the defendant is still responsible for the plaintiff’s actual damages, rather than the damages that would have occurred if the plaintiff had a normal skull.
Although this legal principle suggests that plaintiffs shouldn’t have a problem recovering compensation, reality is often quite different. Insurance companies drag their heels paying accident claims, and may reject them outright when the individual has a pre-existing health problem. Protect yourself by contacting an injury attorney as soon as possible, and disclose your pre-existing health issues promptly.
To secure the compensation you’re entitled to, your personal injury lawyer will need some help from you. First, never sign anything for the insurance carrier without discussing it with your lawyer first. Avoid answering detailed questions about the case—refer the insurance representative to your lawyer. Keep a written record of all of the ways your health and lifestyle have changed since the accident, and follow the instructions of your treating physician.
After a crash, you need legal guidance you can count on right away. Call 1-800-HURT-123 to request a prompt meeting with Attorney Big Al.