What Is a Pre-Existing Injury in a Personal Injury Lawsuit
Injuries. Injuries. Injuries. Typical personal injury discussions assume the victim was previously a paragon of good health. Unfortunately, that’s rarely the case. Negligence can cause new injuries, but more frequently, it aggravates existing problems. Claims involving re-injury can be uniquely complicated, in part because it’s so difficult to prove the extent to which the problem was caused by the recent incident.
The Importance of Thorough Documentation
Detailed medical documentation is always imperative in a personal injury case, but particularly for situations involving pre-existing conditions. If you suffered re-injury due to negligence, you’ll need to prove not only your current physical suffering, but also the extent of your previous injury. You’ll find this far easier to accomplish if you scheduled regular checkups prior to your most recent accident.
The Eggshell Skull Rule
It may have a strange name, but the eggshell skull rule also possesses a compelling premise: a victim’s initial frailty does not constitute a valid defense against a personal injury claim. For example: in an accident involving a victim with brittle bones, the responsible party cannot seek reduced damages simply because a person with healthy bones would have fared better in the same accident. An effective attorney will not allow the other side to get away with the irrelevant claim that the victim was already ‘damaged goods.’
Relevance of the Injury
Opposing counsel may poke holes in a plaintiff’s pre-existing injury case by claiming that the previous ailment is not relevant to the current problem. Relevance could be determined based on the location of the injury, the victim’s state of recovery at the time of the accident, or the amount of time between the initial injury and its supposed aggravation.
Sensitive handling is required for McKinney personal injury cases involving aggravated injuries; one wrong move can ruin the victim’s chances of securing fair compensation.
Whether your accident resulted in re-injury or a completely new source of suffering, you deserve high-quality legal support. You’ll find exactly that at the Underwood Law Office, so call 469-573-4558 to get in touch.