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One topic that is important to personal injury lawyers is the potential effect of a pre-existing injury on a claim in an injury accident case. If the defendant's insurance carrier discovers that the plaintiff has a pre-existing injury, it may fight the claim. However, even though a plaintiff is not permitted to collect damages for a condition that was in place before the incident leading to the injury, if any conditions worsen because of the accident, the plaintiff is entitled to collect damages. The way that claimants communicate their pre-existing conditions is crucial in receiving the best outcome in the case of an injury claim. From the beginning, it is crucial to reveal any previous conditions or injuries, even if they have no similarities with the injuries coming from the incident. Any failure to disclose those pre-existing items significantly damages the credibility of the plaintiff. The overall effect is to diminish the potential value of the claim. If the case goes to a jury trial, the people deciding the case are much less likely to believe the plaintiff about his current injuries if he was not forthcoming about his former ones to the insurer. There are too many movies showing a huckster walking around in a neck brace that he does not need, taking it off as soon as he leaves a courtroom or other public area. These images stick in the mind of the jury, making honesty crucial with pre-existing injuries. The idea of the "soft-shell" or "egg-shell" plaintiff refers to a claim for an injury that few people believe could have happened in the context of the accident. This is particularly true in the case of an automobile accident with little impact in which the jury then doubts that the injury being claimed could have happened in that accident. One effect that pre-existing conditions have is that they make the plaintiff more susceptible to receiving injury from incidents with less of a physical impact. The law states, though, that the plaintiff's condition when the incident takes place is not the plaintiff's fault, and the defendant must deal with the plaintiffs in that condition. If a fender bender leads to a serious injury because of a pre-existing condition, then the defendant is still liable. Another benefit to being honest about pre-existing conditions is the right to present medical records. Attorneys with medical records in hand have a lot more leverage with insurers who are resisting claims. It's one thing to point a finger at a guy in a neck brace and create doubt. It's quite another to try and shred the credibility of doctors who have documented pre-existing conditions. With the use of MRIs, X-rays and other diagnostic imaging tests, a medical expert can deliver testimony about the ways an accident made the condition of the plaintiff worse. Clinical records can compare the extent of necessary care, level of disability or degree of pain before and after the accident. These records are helpful to personal injury lawyers, because they frequently influence the amount of damages. It's hard for a jury to argue with documented facts, and the more facts a plaintiff has on his side, the more likely he is to prevail. A
trucking accident lawyer will guide you through rules and regulations and defend you
in court when needed. For an experienced truck lawyer, visit
Holmes & Wiseley, P.C. website at
http://www.holmeswiseley.com/
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