The legal system was designed to provide an injured accident victim with the ability to seek compensation from the responsible party.
Injured parties have the right to seek compensation for an increase in pain or discomfort from a chronic medical condition, as triggered by an accident’s occurrence.
Due to the existence of that right, smart victims do not hide their possession of a chronic medical condition. An attempt to hide that condition could become the basis for an effort by the defendant’s lawyers to diminish the value of the plaintiff’s claim.
In other words, an argument by Personal Injury Lawyer in Sault Ste. Marie could suffer, if the same attorney’s client were to try hiding the fact that he or she was living with a chronic medical condition.
The Eggshell Rule
According to that rule, the negligent party, the person responsible for an accident, can be held liable for damages, if his or her activities had increased the burden on a victim with a pre-existing condition.
That rule suggests that a chronic or pre-existing condition could be compared to a fragile eggshell. An insurance company might suggest that a given claimant required added protection, like that received by eggs.
Evidence that an existing condition has worsened, following an accident’s occurrence:
• Victim has complained about an increased level of pain, or painful sensations that last of a greater amount of time.
• Victim must pay for more prescription drugs, in order to dull the pain.
• Victim must attend more physical therapy sessions.
• Victim must undergo hospitalization for broken bones or other treatment.
Tasks to be completed by personal injury lawyer, if client has chronic condition:
• Investigate client’s claim
• Obtain police report
• Study relevant laws
• Dig up facts that can demonstrate negligence on the part of the defendant.
• Obtain the client’s medical report
• Search for clues that could support an argument concerning aggravation of the client’s pre-existing condition.
Seek out a medical expert, in order to form a strong argument, in response to allegations that might have been made, or might be made by the defendant’s defense team. Work with client, in order to satisfy the demands from the defendant’s insurance company.
–Demand for bills from doctors and treatment facilities
–Demand for copies of relevant pages of the client’s medical report
–Demand for proof that claimant/client had been earning the salary that had been stated, in the claim for lost wages
Counter any claims by the insurance adjuster that the claimant’s evidence did not equal the expected level of quality. In order to achieve that goal, a Personal Injury Lawyer in Sault Ste. Marie would need to work closely with an expert. In that way, the 2 of them could call into question the veracity of the adjuster’s claims.