Pre-Existing Injury Cases
When it comes to personal injury cases, one of the most challenging aspects can be dealing with pre-existing injuries. These are injuries that existed prior to the accident or incident that is the basis of the personal injury claim. If you live in the West Covina or Los Angeles area and have been involved in an accident, it’s important to understand how pre-existing injuries can impact your case and what steps you can take to protect your rights.
Challenges of Pre-Existing Injuries
One of the biggest challenges of pre-existing injuries is that they can be used to reduce or deny a personal injury claim. Insurance companies and defendants may argue that any pain or suffering you’re experiencing as a result of the accident is due to your pre-existing condition, rather than the accident itself. This can make it difficult to prove the extent of your injuries and the amount of compensation you’re entitled to.
To overcome the challenges of pre-existing injuries, it’s important to prove causation. This means showing that the accident or incident was the cause of the injuries or the aggravation of pre-existing injuries. A qualified personal injury attorney in the West Covina or Los Angeles area can help you gather the evidence you need to prove causation, such as medical records, witness statements, and expert testimony.
Even if you have pre-existing injuries, you may still be entitled to compensation for the injuries or aggravation caused by the accident. A skilled personal injury attorney can help you calculate the full extent of your damages, including medical expenses, lost wages, and pain and suffering. They can also negotiate with the insurance company or defendants to reach a fair settlement or take your case to court if necessary.
The following are some examples of how pre-existing injuries can impact personal injury cases:
- A person who has a pre-existing back condition is involved in a car accident. They seek medical treatment and it is revealed that their pre-existing condition has been exacerbated by the accident. They may be entitled to compensation for the aggravation of their pre-existing injury, in addition to any new injuries sustained in the accident.
- A person who has a pre-existing knee condition slips and falls at a grocery store. They may have difficulty proving that their fall was the cause of their knee injury, as the store owner may argue that the injury was due to their pre-existing condition. A skilled personal injury attorney can help gather evidence to prove that the fall was the cause of the injury, and not the pre-existing condition.
- A person who has a pre-existing mental health condition is involved in a traumatic event. They may have difficulty proving that their mental health condition was exacerbated by the event, as the defendant may argue that the person’s condition was pre-existing. A personal injury attorney can help gather evidence, such as medical records and expert testimony, to show that the event was a significant contributing factor to the person’s mental health condition.
Managing pre-existing injuries during the claims process can be challenging, but there are steps you can take to protect your rights and ensure that you receive fair compensation. Here are some tips for managing pre-existing injuries during the claims process:
- Get medical treatment as soon as possible. This will not only help you recover from your injuries, but it will also provide important documentation for your claim. Be sure to tell your doctor about any pre-existing injuries or conditions that may be relevant to your case.
- Keep track of all medical expenses and lost wages. This includes not only the cost of medical treatment, but also any additional expenses you incur as a result of your injuries, such as transportation costs or household expenses.
- Gather all relevant documentation. This includes medical records, police reports, witness statements, and any other relevant documents that can help prove causation and the extent of your damages.
- Work with a personal injury attorney. An attorney can help you navigate the legal system, gather evidence, and negotiate with insurance companies or defendants to reach a fair settlement.
Best Personal Injury Lawyer in West Covina
Pre-existing injuries can present challenges in personal injury cases, but with the right approach, you can still receive fair compensation. If you live in West Covina or Los Angeles and have been involved in an accident with pre-existing injuries, contact the Law Firm of Oscar Ischiu, Esq. today to schedule a consultation. Our experienced attorney can help you understand your rights, gather evidence, and negotiate with insurance companies or defendants to reach a fair settlement.