San Jose Motorcycle Accident Attorneys
Pre-existing conditions can impact your ability to receive compensation for motorcycle accidents. Some pre-existing conditions may make you more vulnerable to specific injuries. If you have a medical condition, bring your medical records to your motorcycle accident attorney. California law allows you to file a claim for damages if you have sustained an aggravated injury. Your attorney can use your medical records to show that the at-fault driver caused your aggravated injury.
Although pre-existing conditions may make you more likely to suffer certain types of injury, they do not necessarily diminish your ability to obtain compensation. According to a legal theory known as the “eggshell plaintiff,” a defendant must take a plaintiff’s character as is and cannot make use of the plaintiff’s prior conditions in injury attribution. Nevada law requires that all defendants assume that the injured person is at fault. Pre-existing conditions are not considered to change this assumption.
It is important that you disclose any past injuries to your personal injury attorney at the initial consultation. Your attorney will need to evaluate your history and determine whether it may affect the amount of compensation you receive. If you have any prior injuries, you might be better off disclosing them to your attorney. Your attorney will also need to consult with your doctor to ensure that you receive objective documentation.
Pre-existing conditions can make it more likely that you will sustain injuries in a motorcycle accident case. Motorcycle accidents are often caused by reckless or careless driving on the part of other motorists. These drivers may not be aware of motorcycles or are not expecting them to be there. If you don’t wear a helmet or are distracted while riding, a motorcycle accident could result in an injury.
While a pre-existing medical condition can increase your chances of suffering certain injuries, it is not ironclad. To establish liability, your attorney must link the injury and the pre-existing condition. The at-fault insurance company may try to argue that the condition worsened naturally and that the accident only made it worse. You can counter this by providing expert testimony and medical records. Your doctor may be able, depending on the evidence, to prove that the accident caused the injury rather than causing it.
You should look into purchasing a policy that covers motorcycle accident injuries if you have health insurance. You should consider looking elsewhere for compensation as most motorcycle insurance policies only cover a small portion of the damage. Some policies cover only a portion of the medical bills, so you will need to use your own insurance for the rest of the costs. A motorcycle accident lawyer will be able identify all possible sources of compensation and negotiate for you the best compensation.
Document the scene of the accident. This includes traffic control and visible injuries. Make sure you get examined by a health care provider immediately after an accident. Even if you do not feel any symptoms, a thorough physical examination may reveal hidden injuries. This information could prove crucial in proving your case in a motorbike accident claim. Your medical records may also be important if you have suffered severe injuries.
The law states that pre-existing conditions do not limit a person’s ability to recover compensation in accident cases. If you have a pre-existing medical condition, you must prove the accident caused it to worsen. The accident must be proven to have caused the injury or illness. A personal injury attorney in Fort Worth can explain more about this issue.
It is important to disclose any pre-existing conditions to the insurance company. Some people may forget about them or believe they have nothing to do with the new injury they suffer. However, failing to disclose this condition could adversely affect your injury claim and your credibility. Omitting this information could result in sanctions. Regardless, your medical records must be accurate.
Your insurance company might question whether you need to be treated for a pre-existing condition. Your attorney can provide expert testimony to prove that the accident worsened a condition you have already suffered. Your insurance company will argue that the accident was not caused by your pre-existing condition. Your attorney can present expert testimony and medical records to support this argument. Moreover, you can ask your doctor to testify that your pre-existing condition was caused by the accident, which may bolster your claim.
However, in some cases, the statute of limitations can be tolled. When you first discover that you have been injured, the time runs out. You may lose your right to compensation if you wait too long to file a lawsuit against a motorcycle accident. You may be eligible to have the statute of limitations tolled if you don’t know you are hurt. You must remember that time is limited and you should not waste it.
Although pre-existing medical conditions can make you more susceptible to injury, they should never disqualify you from recovering damages in a motorcycle accident. The eggshell skull rule applies when you have an injury that was aggravated by the accident. While you may not have known about your condition, the accident caused your condition to worsen. Your insurance will not deny you compensation if you are already taking medication for your condition.
The legal definition of pre-existing condition is a medical condition that affected you prior to the accident. This includes any injury that has made you less financially able to recover from. A personal injury attorney is available to assist you if you are unable or unable to recover because of pre-existing conditions. These lawyers can also help you get the justice you deserve. You deserve to be compensated for the pain and suffering you have experienced due to a motorcycle accident.
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