To make sure that your injury claim is not affected negatively, a Wellington Injury Lawyer will ensure that your current injury does not have any relation with any pre-existing injuries. Ideally, in an injury accident cases, it is often seen that the injured victim faces the opposition from the insurance company and even the defense lawyer that there was a preexisting injury that resulted in the current one and hence, compensation may not be paid. It is true that a plaintiff is not allowed to collect damages for any injuries or conditions that preexisted before the accident took place, the plaintiff is however entitled to claim for damages that worsened the physical or mental conditions after the accident.
Disclosure of injuries
It largely depends on how a Wellington Injury Lawyer will handle the preexisting injuries as that will affect your injury claims either negatively or favorably. It is for this reason you should not suppress such injuries if any, during the free initial consultation. Right at the outset, the accident attorneys conveys the importance of making such disclosures to their clients irrespective of the fact that these are diverse and have no connection with your current injuries or accident. If you fail to disclose your preexisting injuries especially if these are on the same part of your body, it will severely and surely impugn your credibility as well as the overall value of your claim.
Minimizing the effects
When the Wellington Injury Lawyer knows about such injuries, it will be easier for him or her to formulate the counters to prove that you had tried your best to minimize the effects of your serious prior injuries. This will in turn eliminate the possibilities of the insurance adjuster or the jury members to suspect your legitimacy and credibility of your claim as well as your current injuries. Consequently, it will leave them with no chance but to consider the fact that you had no history of complaints or treatment for a number of years. This will substantially prove that the current accident faced by you is the only source of your current injuries.
Weaken your condition
Any preexisting injury will make you an ‘egg shell plaintiff.’ This means your stance will be fragile and weak and the defense will find it easy to prove that you are susceptible to injuries. They will also prove that it is this that has aggravated the injury and not the accident caused by the defendant. Typically, the defense as well as your Wellington Injury Lawyer will take you as they find you: that is in the condition you are right now and at the time of the accident.
About the law
Such kind of an argument is especially effective in low impact auto accident collisions where the injury caused may have all the doubts regarding its connection with the accident. As per the law on awarding damages in such cases of prior injuries, several medical records and history will be compared. This will not only lengthen the case but will also make your winning chances slimmer with each passing day. To read more Click Here
Disclosure of injuries
It largely depends on how a Wellington Injury Lawyer will handle the preexisting injuries as that will affect your injury claims either negatively or favorably. It is for this reason you should not suppress such injuries if any, during the free initial consultation. Right at the outset, the accident attorneys conveys the importance of making such disclosures to their clients irrespective of the fact that these are diverse and have no connection with your current injuries or accident. If you fail to disclose your preexisting injuries especially if these are on the same part of your body, it will severely and surely impugn your credibility as well as the overall value of your claim.
Minimizing the effects
When the Wellington Injury Lawyer knows about such injuries, it will be easier for him or her to formulate the counters to prove that you had tried your best to minimize the effects of your serious prior injuries. This will in turn eliminate the possibilities of the insurance adjuster or the jury members to suspect your legitimacy and credibility of your claim as well as your current injuries. Consequently, it will leave them with no chance but to consider the fact that you had no history of complaints or treatment for a number of years. This will substantially prove that the current accident faced by you is the only source of your current injuries.
Weaken your condition
Any preexisting injury will make you an ‘egg shell plaintiff.’ This means your stance will be fragile and weak and the defense will find it easy to prove that you are susceptible to injuries. They will also prove that it is this that has aggravated the injury and not the accident caused by the defendant. Typically, the defense as well as your Wellington Injury Lawyer will take you as they find you: that is in the condition you are right now and at the time of the accident.
About the law
Such kind of an argument is especially effective in low impact auto accident collisions where the injury caused may have all the doubts regarding its connection with the accident. As per the law on awarding damages in such cases of prior injuries, several medical records and history will be compared. This will not only lengthen the case but will also make your winning chances slimmer with each passing day. To read more Click Here
