How A Previous Accident Might Affect A Personal Injury Claim?

If you were injured in a previous accident, and you just got involved in a new one, you should think about hiring an injury lawyer in Cornwall, once you have filed a personal injury claim. By working with that member of the legal profession, you should be able to minimize the extent to which your previous injuries can affect your ability to win a fair compensation.

Work with your lawyer to get a baseline, regarding your health.

Put together those documents that offer proof of the fact that you were in good health on the day of the accident. Ideally, your past medical records will show that you were in good condition physically on that particular day.

The defendant’s insurance company is sure to take a close look at the extent to which you have recovered from any previous accident. Seek out documents that can be used to support a contention that you had come through a complete recovery.

Suppose your records show that you have a pre-existing condition; what can happen then?

The defense team might argue that you were susceptible to accidents. The same team might then suggest that you should have the amount of your benefits reduced. A good lawyer should realize that your pre-existing condition should not be given as a reason for reducing the amount of money that you might be awarded for damages.

According to the law, a defendant cannot pick and choose the condition of his or her victim, at the time of an accident. The defendant has no right to claim that someone with a pre-existing condition ought to wear a bit of extra protection, in the event of a car accident. The legal system equates such an action with that of trying to pick and choose the physical condition of the person that was injured, due to a driver’s negligence.

A good lawyer should recognize that fact and should not suggest that a client’s compensation should be decreased, due to the absence of some item that has been dreamed-up by the defense team. Smart men and women keep that fact in mind, when searching for a possible attorney.

It makes sense to ask a consulted attorney whether or not he or she even handled a similar case. If the attorney’s response indicates familiarity with such a case, ask for the attorney’s interpretation of the thin skull rule and the crumbling skull rule.

That interpretation should reveal whether or not the consulted lawyer appreciates how to limit the effect of a pre-existing condition. A lawyer’s failure to have acquired possession of such an appreciation should cause a possible client to question the wisdom behind working with that particular member of the legal community.