The presence of pre-existing medical conditions is an added factor to the complexity of a personal injury litigation when one is seeking compensatory damages. These factors, of course, may create a great deal of uncertainty, especially relating to the cause and extent of harm, which in turn, can be used to question the legitimacy of the claim. However, with the right approach and legal expertise the victims can be able to still get the right compensation. Using a compensation calculator can also help you understand the possible compensation you can get, even with a pre-existing condition.
Understanding the Challenge
Pre-existing medical conditions present a particular difficulty when it comes to personal injury claims. Insurance carriers also tend to take advantage of these conditions to allege that the injuries suffered in an accident were not solely due to the accident but were also set off by underlying health conditions. Such an argument may even be a stumbling block to the claimant’s getting what is rightfully due.
Establishing Causation
It is important to show that the accident was the direct cause of the injuries even though there were pre-existing conditions. Evidence of medical facts and testimony of experts are the key elements in proving causation. Through careful scrutiny of the medical records and comprehensive examinations, attorneys can identify the precise effect of the accident on the claimant’s health. This kind of proof is exactly what you need to disprove an insurer’s claims and show that the accident was the major cause of your injuries.
Utilizing Medical Documentation
Comprehensive medical documentation provides the foundation for making a personal injury claim when a pre-existing health condition is present. In-depth records that include the claimant’s medical history, prior treatments, and the progression of the injury after the accident are absolutely critical. Lawyers can strengthen the claimant’s case by providing a well-defined timeline of occurrences and marking any severe or distinct symptoms that are related to the accident.
Leveraging Expert Testimony
The testimony of medical experts who are specialists in the relevant areas will enhance credibility and depth of this claim. These professionals may simplify complex medical concepts, describe the correlation between the accident and the victim’s injuries and also debunk any false information presented by the defense party. Their stories can be the most convincing proof that judges and jurors can identify with and which helps to prove the validity of the claim.
Demonstrating Aggravation
In instances when a pre-existing condition is aggravated or made worse by an accident, it becomes essential to prove an exacerbation. Through medical evidence and testimonies the attorney can narrate how the accident worsened the symptoms, delayed recovery or required additional treatment. This difference is key in distinguishing the contribution of the accident from the pre-existing condition and receiving the suitable compensation.
Emphasizing Functional Impairment
Emphasizing functional impairment instead of just the condition itself will strengthen the claimant’s chances. Through this approach, counselors can effectively illustrate the specific ways that the injuries from the accident affect the abilities of the claimant on a regular basis, diminish overall quality of life, or delay the claimant from pursuing their professional goals. Through this way of communication, there is a shift in the narrative from medical jargon to personal experiences that are easy to understand. This way, the decision-makers are able to relate to the message.
Mitigating Comparative Fault Arguments
In the states where the principles of comparative fault are applicable, the defendants would try to put the blame on the claimant stating pre-existing conditions as the contributory factors. The legal counsel representation can be successful in arguing against these positions by stressing the negligence or recklessness of the defendant as the primary factor that caused the injuries. By showing that the accident would not otherwise have happened but for the defendant’s actions, attorneys are able to prevent the claimant’s claims from being reduced.
Leveraging Technology: Compensation Calculator
In the digital era, technological tools like compensation calculators provide useful information regarding the likely valuation of a personal injury claim. Inputting such data as medical bills, lost wages and the pain and suffering experienced helps claimants to obtain a calculation of their potential compensation. Though these tools may provide a convenient means of accessing information, seeking the counsel of a competent attorney is crucial for correct assessment and efficient advocacy.
