During personal injury cases, people are normally hesitant to reveal pre-existing illnesses. This is a natural emotion provided that the at-fault party's insurance company does not want to voluntarily pay out the claim. But insurance companies are also less likely to do so if they believe a client failed to report pre-existing conditions. The plaintiff must understand that full disclosure is necessary to seek justice during a course of physical injury.
Full-Disclosure is Essential
Different regions have various names for the same general principle; the defense must take the plaintiff as they are. This means that if the plaintiff is prone to injury due to another condition, the defendant can still be held liable.
Medical records are essential in a personal injury lawsuit. Doctor's records can differentiate between old and new injuries. Their accounts in the plaintiff's medical records can also help determine that the incident in question aggravated or made it worse.
In most lawsuits, it is not the existence of a pre-existing condition that causes problems, but the omission of that injury. When a victim hides the fact that they suffer from some health issues and do not disclose them in the lawsuit, the victim's credibility is brought into question, not their injury.
The Personal Injury Lawyer of a victim in an injury case has the task of proving that the defendant's actions or inaction in a situation caused injury to the victim. The Personal Injury Lawyer will likely obtain accident reports if they exist to help aid their case. Incorporating a victim's medical records can help show a difference between an older injury (pre-existing) and the new injury, which is why the lawsuit.
It is always possible to get compensation for damages in a lawsuit if new injuries made pre-existing ones worse. But This becomes difficult when the victim tries to hide the fact that they even exist. An Injury Lawyer will help a victim sort out their case's details, including the disclosure of the pre-existing condition.
Personal injury lawyers are no strangers to handling cases with pre-existing conditions weaved within them. These lawyers even know all the tricks the insurance companies try to use to get out of paying a victim. That is why victims should never try to handle their cases themselves, especially if they have pre-existing conditions.
The office of Niral Patel Injury Law, the Best Product Liability Attorney in Santa Ana, CA- has been helping injury victims for over 25 years. From Slip and fall cases to Workplace injury, our lawyers and legal professionals have the experience and know-how to fight for your rights and benefits. When you have been injured and want an outstanding lawyer to represent you, contact us at 1-805-748-9317 for a free consultation.