compensation in an insurance claim. This is why they try to hide the existence of such injuries – even from their Douglasville motorcycle accident lawyer. This is not a wise decision. When a motorcycle accident claim is filed, the insurance company may access your medical files and find out about it.
The only way in which a lawyer can protect your rights and win a fair settlement amount is when they have all the facts of your case. Let us discuss how a pre-existing injury could be tackled by an experienced attorney during your claim:
Resorting to the Eggshell Skull Rule
One of the key legal principles in personal injury law is the eggshell skull rule. This means that the driver who hit your motorbike cannot argue that you were already fragile due to your old injury. Instead, they owe the same duty of care both to a regular person and to someone who has an abnormally thin skull, like an eggshell.
Using this principle, your attorney will argue that nothing in your medical history can be used to justify reducing the value of your damages or denying your claim.
A Pre-Existing Injury May Increase Your Lawyer’s Chance to Prove Your Injuries
With a skilled lawyer on your side, you may also have a better chance to win damages if you have an old injury compared to someone who had no serious health issues. Most certainly, you had to undergo diagnostic tests, such as X-ray, MRI or CT-scan for your pre-existing injury.
Likewise, the doctor who examined you after your motorcycle accident ordered complete diagnostic tests to identify all your injuries, including invisible ones, such as spinal cord injury, internal organ damage, or internal bleeding.
By comparing the older diagnostic test results with the recent one, an attorney can prove the difference between the conditions of your body then and now. This is the most effective way of showing that you deserve compensation for all economic and non-economic damages in your motorcycle accident claim.
Your Doctor Can Provide Valuable Insights into Your Health Condition
People with pre-existing injuries go for medical check-ups more often than others. Their doctor has a clear view of their overall health condition until recently before a new accident.
Thus, your Douglasville motorcycle accident lawyer will ask you to sign a medical release, so that they can talk to your doctor. The attorney will look for information related to:
- Any physical limitations resulting from the pre-existing injury
- Whether you suffer from chronic pain
- Whether you are taking medication to manage symptoms of the old injury
- Whether you were in a fit condition to ride a motorbike
You can be certain that the insurance adjuster will ask other medical experts the same questions, looking for reasons to deny your motorcycle accident claim.
Helpful Tips for Maximizing Compensation with a Pre-Existing Injury
You must remember that honesty is the best policy in any accident claim. The insurance adjuster can and will find out every relevant aspect of the case and of your medical history. They will use this information against you, to justify denying or devaluing your claim.
To maximize your chances of getting fair compensation, remember these tips:
- Tell your lawyer about any old injury or pre-existing medical condition (such as an autoimmune disease)
- When you seek medical care after the crash, tell the doctor that you were hurt in a motorcycle accident
- Do not try to exaggerate your injuries, pain or physical limitations
- Prepare to be questioned by a medical expert hired by the insurance company
- Do not discuss your accident or injuries on social media
Consult with a Skilled Douglasville Motorcycle Accident Lawyer!
Any kind of accident claim is made more difficult by the existence of a pre-existing injury – if you choose to fight the legal battle on your own. With a skilled Douglasville motorcycle accident lawyer by your side, you can be sure that you will win the fair compensation you deserve.
However, you must be honest and upfront with your attorney and disclose any relevant fact – including an old injury.
We encourage you to schedule a free case evaluation with us as soon as possible after your motorbike accident at 678-825-6004!
