If you were involved in an accident and suffered injuries due to the negligence of the other party, consider looking for the best available options suitable to meet your needs. However, your situation could be slightly different, as you were already injured before the accident occurred. Popular as the pre-existing injury, the clients would often be concerned with how an existing injury would affect your injury claim. They believe that due to their injury, the insurance company would use that against them. As a result, they would be scared to disclose the information.
Who is an eggshell plaintiff?
You may wonder if it is true that the claimant would not be able to acquire damages from the insurance carrier due to a pre-existing injury. How much reduction in the injury compensation do you expect due to a pre-existing injury? The general belief is that a pre-existing injury should not affect the ability of the injured victim to acquire damages. However, with every situation being different, consider getting in touch with the Union City Personal Injury Attorney for your specific injury claim needs.
An eggshell plaintiff is a tort theory of law also referred to as a thin skull plaintiff. The guilty party would take their victim as they find them and would be responsible for all consequences due to the collision. It would imply that other people would not need as much treatment as you due to your pre-existing condition. The attorney would be well conversant with the preparation of the claims, working with doctors to explain the aggravated condition due to the impact of the accident to receive a deserved compensation.
Therefore, simply because you have a condition making your bones brittle than others and the collision caused a fracture, you would be entitled to full compensation.
Importance of disclosing your pre-existing injury
Why should you disclose your existing condition? This important question has a simple answer – credibility. It has been advised that if you have a pre-existing condition or injury, consider disclosing it to your attorney at the earliest. It would assist the attorney having all kinds of information essential for representing you and gathering the vital information for supporting the claim. It would be inclusive of previous medical history, physicians, doctors, and other relevant history of the patient. In the event, you failed to disclose the information; the insurance company could use the fact that you had withheld important information about your condition. It could go against you in the court of law.