Personal injury attorneys play a crucial role in personal injury claims, especially when insurance companies attempt to deny or reduce compensation based on pre-existing conditions. These legal professionals employ various strategies to challenge such claims and ensure their clients receive the rightful compensation they deserve.
When an individual files a personal injury claim, insurance companies often scrutinize their medical history for any evidence of pre-existing conditions. This is because insurers may argue that the injuries sustained were not entirely caused by the accident but were instead due to these prior health issues. Consequently, they may use this argument as grounds to offer lower settlement amounts or even deny claims altogether.
However, personal injury attorneys are well-versed in challenging these assertions made by insurance companies. They understand that just because someone has a pre-existing condition doesn’t mean they aren’t entitled to fair compensation for an accident’s impact on their life. One common strategy employed by these lawyers involves invoking the “eggshell plaintiff” doctrine.
The eggshell plaintiff doctrine holds that defendants must take plaintiffs as they find them. In other words, if an individual was more susceptible to severe injuries due to a pre-existing condition, it does not absolve the defendant from liability for those injuries’ full extent. Personal injury attorneys can leverage this principle in court or negotiation with insurers to refute arguments centered around pre-existing conditions.
Another tactic used by personal injury attorneys is drawing upon expert medical testimony and opinions. Medical experts can help establish whether an accident worsened a pre-existing condition or caused new injuries unrelated to former health issues. Such professional input can be instrumental in debunking insurers’ attempts at reducing claim value based on past health problems.
Moreover, detailed record-keeping is another essential tool at the disposal of personal injury attorneys when challenging claims of pre-existing conditions. By meticulously documenting every aspect related to their client’s case – from initial doctor visits following the accident through ongoing treatment plans – lawyers can build comprehensive cases demonstrating how accidents have impacted individuals beyond their pre-existing conditions.
Lastly, personal injury attorneys also emphasize the timing of symptom onset. If symptoms related to a pre-existing condition were dormant and only became active after an accident, this could strengthen the case against claims that these injuries were not primarily caused by the accident.
In conclusion, while insurance companies may attempt to use pre-existing conditions as a means to limit their financial responsibility in personal injury cases, skilled attorneys can effectively challenge such claims. Through strategic application of legal principles like the eggshell plaintiff doctrine, expert medical testimony, diligent record-keeping, and highlighting symptom onset timing, personal injury attorneys ensure their clients are rightfully compensated regardless of their health history.
Munley Law Personal Injury Attorneys
27 N 6th St, Stroudsburg, PA 18360
15703384494