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New accident aggravates old injuries

In some accidents, injuries from early accidents may be further affected. Old injuries may increase. In addition to the old problems, victims may also encounter new problems. Among the more common types of injuries that may worsen, there is an old neck, head or back injury. Before the new accident, these original injuries may have healed. In other cases, the new damage will make the persistent problem worse.

Lawsuits aggravated by injury conditions

A car accident that causes a new injury often leads to deterioration or recurrence of previous injuries. In many cases, accidents that caused these problems occurred due to negligent driving behavior. If another driver causes the victim to be exacerbated by the old injury, the victim may choose to file a civil action against the driver for personal injury. If the insurance company either denies the claim or requires the victim to have a physical injury that is too low, it may be necessary to file a lawsuit.

Payment of cases involving prior injuries

In some states, the law requires insurance companies to compensate for damage caused by accidental injury. When some body parts are injured, these parts may be more easily injured again. There is a legal doctrine known as "the eggshell instigator." Under this principle, people must suffer as they are. In other words, defense should not be able to get out of payment because his or her victim has already had a condition or is a more vulnerable person.

In cases involving conviction, the victim’s victim does not recover damages for unrelated pre-existing injuries. Any injury that is aggravated or recurring due to a new accident must be paid by the negligent driver or his insurance company.

How insurance companies resist accidents involving accidental injuries

Most insurance companies will try to deny new injury claims involving aggravation or recurrence of accidental injuries. The insurance company may argue that the newly filed claims only involve pre-existing injuries. This means that the company believes that the claimant’s injury has nothing to do with the new accident. If the company is successful, it means that the company’s insured will not be responsible for paying the costs associated with the victim’s injury. Companies that try to make this point of view often do so in order to avoid financial responsibility for compensating victims for losses. In other cases, the company may try to use this argument to propose a much smaller offer than the victim should actually receive.

When a victim raises an argument about an exacerbation of an old injury, an insurance company may ask him or her to sign the release of medical information. In many cases, insurance companies will use language that allows unlimited access to victims' medical records. It is recommended that you do not sign this form. Instead, your lawyer will choose the record he or she wants to send to the insurance company.

The reason your lawyer might do this is that insurance companies like to dig medical records just to find a single file and then use it to deal with the victim. They do this to reduce the amount they have to pay, or so they can support direct condemnation of this claim.

Getting help from experienced personal injury lawyers

If you have aggravated or re-inflicted pre-existing injuries due to a car accident, you may need to ask a personal injury attorney for help. The negligent driver’s insurance company may try to deny your physical injury claim. These types of cases are often very complicated. Your situation may require you to obtain the opinion of a medical expert. Doing so can help you prove that the accident caused extra damage to you by adding to the old accident.

In most cases of personal injury, a settlement is not required to hear the case or go through a formal lawsuit. Your lawyer may send a letter of request and evidence showing that your injury has been aggravated. This can help you prove the value of your claim to the insurance company. Your lawyer can also assess your loss.

The damage you may suffer may include your medical expenses in the past and in the future, your ability to lose your income due to your job, your pain and suffering, and any loss of companionship or other losses experienced as a result of your accident.

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