Could you be compensated for an injury that was pre-existing and was aggravated by the accident in which you were involved? Our Los Angeles personal injury attorneys can help you. Contact us at: https://www.losangelespersonalinjuryattorneys.co.
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Calculating Compensations: Your Pre-Existing Injuries
1. Calculating Compensations: Your Pre-Existing Injuries
A presentation brought to you by LosAngelesPersonalInjuryAttorneys.co
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Compensations for Pre-Existing
Injuries
When injured in an accident caused by someone
else’s negligence, it is important to know that you
can be compensated for those injuries actually
sustained in the accident.
Nevertheless, the accident can have an
unforeseen impact on an already existing medical
condition.
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Who can Receive Pre-Existing
Injury Compensation?
The defendant will not, in most cases, be
responsible for a condition or injury that you
already sustained.
However, the party at fault may, under certain
circumstances, be required to compensate you if
he/she caused a condition to worsen.
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How can a Pre-Existing Injury
Influence Your Case? >>
Plaintiffs cannot claim compensations for injuries
that were present before the accident occurred.
However, the situation changes if a pre-existing
condition was aggravated by the accident.
This can be the case in vehicle accidents when
victims suffer from neck injuries, thus triggering a
recurrent back or spinal cord problem.
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>> How can a Pre-Existing Injury
Influence Your Case?
Most insurance companies will be very
susceptible to cases that involve victims who have
suffered in the past.
The insurance policy will only cover the physical
injuries that took place as a direct result of the
accident and will refuse to pay compensations for
any injuries that are not related to the particular
accident that is being brought to attention.
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Proving Pre-Existing Injuries
In these types of cases, it is important to be able
to prove without any doubt that the medical
condition was aggravated by the accident and, if
the accident wouldn’t have taken place, your
current condition would have been satisfactory.
You can talk to one of our Los Angeles personal
injury lawyers who will help you gather the
medical proof needed for your case.
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Aggravated Pre-Existing Injuries
The “eggshell doctrine” is a commonly used legal
doctrine in personal injury cases. According to this
rule, the defendant must take the plaintiff as he
finds him at the time of the accident, even if the
plaintiff is more frail that the average individual and
prone to a higher degree of injury due to his/her
health.
You can prove that a pre-existing condition has
worsened or reappeared after the accident based
on the past and present medical records.
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Obtainable Compensations >>
You should also know that you can claim
compensations for emotional pain and
distress.
The insurance adjuster will typically multiply the
special damages (the medical ones and those that
are quantified) by one or 1.5 percent. For severe
injuries with a longstanding emotional impact, the
multiplication amount can sometimes be five.
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>> Obtainable Compensations
When calculating the compensation for pre-
existing injuries, plaintiffs can include the costs
for the medical treatment associated with treating
the recurrent problem.
You should be able to claim compensation both for
the injury itself and the worsened condition.
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Claiming Compensation for Pre-
Existing Injuries
Most victims of personal injury accidents do not
think to claim compensations for pre-existing
injuries. You can rely on the help of one of our
lawyers to find out if you can make such a claim.
You can contact our Los Angeles personal
injury attorneys for legal aid and support for
claiming compensations.
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Thank you for your attention!
For more information please contact us at:
office@lapersonalinjuryattorney.net
https://www.losangelespersonalinjuryattorneys.co