If an insurance company learns that a claimant has a pre-existing medical condition, then that same company might suggest that the victim’s injury was not caused by the accident. Personal injury lawyers tend to be familiar with the most common chronic conditions, at least those that might be aggravated by the forces that are associated with an automobile accident.
What are those conditions?
• Herniated disc
• Arthritis
• Old brain injuries
• Degenerative disc
• Fibromyalgia
• Hernia
• Injuries to the knees or shoulders
• Strain in the region of the lower back
• Broken bones
Of course, not every chronic medical condition appears on the above list. Moreover, the list lacks any details, regarding the nature of old brain injuries. A brain is never the same, once a neurosurgeon has been digging into it, or has been attaching any sort of device to the brain tissue. Consequently, both a personal injury lawyer in Lompoc and Los Banos and the defendant’s insurance company may be unfamiliar with a given plaintiff’s chronic condition.
Still, an insurance company should accept the fact that a victim ought to be compensated, if certain things were true:
The victim’s chronic/pre-existing condition should have been in a stable state in the days leading up to the accident. The victim had not experienced any changes that appeared to indicate a change in the then- existing (stable) state. If those facts hold true, then the insurance company cannot hold back the compensation. The defendant does not have the right to select the medical background for anyone that gets injured, as a result of the defendant’s negligence.
How do the above facts pertain to the selection of a personal injury lawyer?
It helps to have an attorney that can find a specialist that has expert knowledge of the victim’s condition. That way, the defense team should find it difficult to suggest that the victim’s medical problem, and not the accident caused the victim’s present injury. For instance, if a lawyer’s client had undergone brain surgery in the past, the defense team might claim that the same client/victim should have been wearing 2 seat belts at the time of the collision. By speaking with a specialist, a personal injury attorney might be able to judge the veracity of the defense team’s claim.
Without the backing from such a specialist, the client’s/victim’s lawyer might feel forced to accept a lower settlement, during the negotiations. A lower settlement means a reduced compensation for the client.In other words, the arguments made by the defense team would have allowed the defendant the opportunity to put an unwarranted amount of pressure on the victim. That unfortunate outcome might have been prevented, if the client’s lawyer had been able to consult with an appropriate and recognized specialist.