In the event of a vehicular accident, personal injury claims victims will often face questions surrounding their history of pre-existing conditions. Many believe that admitting the occurrence of a pre-existing condition may weaken their case.
However, this is not the truth. In fact, many cases can be strengthened by the presence of pre-existing conditions in the victim’s favor. These cases might require additional monetary compensation to treat an aggravated pre-existing condition.
Personal Injury Claims and Medical Records
It is essential to present the proper medical documentation regarding any pre-existing condition early on in the case to your attorney. Your legal team will then assess the best way to prepare the case with the information given.
An honest and transparent explanation of the victim’s medical history tends to score well with judges and juries alike. Any vain attempt to deny or hide the presence of pre-existing conditions will likely strike the case dead for the victim.
Personal Injury Claims Plaintiff Protection
Some victims may fear that their medical history may be used against them in court, however, this is not the case as long as they’re honest and forthcoming about the medical records.
In actuality, the victims are protected by the ‘eggshell plaintiff’ legal concept which prevents the defendant from using the plaintiff’s pre-existing condition in order to undermine their legal claim.
Victims of a personal injury case are entitled to financial compensation even with the presence of pre-existing medical conditions. Make sure to inform your legal team about your full medical history before the court proceedings.
No matter the severity, car accidents should always be taken seriously. According to the National Highway Traffic Safety Administration, speeding is the most common cause for fatal car crashes, making up 31 percent of all car accident deaths nationwide. In densely populated areas and big cities like Miami, car crashes resulting in serious injury or death are even more frequent.