Some people are under the mistaken notion that preexisting injuries might preclude them from recovering damages in an auto accident claim against a negligent driver.
Alaska Law Permits Recovery for Aggravating a Pre-Existing Condition
Truth is, a preexisting injury often has no impact on a claim and may even lead to higher compensation, since the accident may result in more severe consequences than it otherwise would have due to the preexisting condition (something known as the “eggshell plaintiff” rule).
Insurance companies should not have to pay for injuries that already existed prior to an accident. What’s fair is fair. However, many insurance adjusters will frequently argue that all preexisting injuries or conditions were unaffected by an accident. In many cases, that’s patently untrue.
Some insurance adjusters will employ the strategy of trying to settle a case quickly, without the involvement of an attorney. Yes, your claim can be settled in short order, but it will be a lopsided outcome in favor of the insurance company.
The key to solving this conundrum is to determine what injuries were caused by the accident; what preexisting conditions were made worse by the accident; and what preexisting injuries were unaffected by the accident. The best way to do this is to hire an experienced auto accident attorney.
An auto accident attorney will gather your medical information; explain why a preexisting condition should have no impact on the calculation of damages; or demonstrate how the accident led to greater harm due to the preexisting condition.
Hiring an auto accident attorney can alleviate the stress of legal/insurance matters and allow you to focus on what’s most important: healing.
Take Action Quickly
In order to protect your rights, it is important to contact a lawyer so that you can take action as soon as possible. The sooner that you take action, the more likely it is that evidence will be available to help you prove your claim and that the more likely it is that you will get a fair recovery sooner.
We encourage you to contact us today via this website or by phone to schedule a free, no-obligation, confidential consultation with attorney Ben Crittenden. After that, you can make an informed decision about how to protect your legal rights.