The legal world can be a whirlwind for those who are inexperienced with the law, and many victims of serious Houston car crashes and other accidents can quickly become overwhelmed.
You have likely heard the terms pre-existing injury or pre-existing condition. These are legal terminology that indicate a condition that existed prior to the accident for which a claim is being made. If the injury or condition affects the same area of the body as the personal injury plaintiff’s case, it can be difficult for litigants and jurors to determine what qualifies as reasonable compensation for the damage caused by the defendant’s carelessness. For example, because gravity takes its toll on the curvature of the human spine over time, pre-existing injuries are particularly prevalent in cases involving spinal injuries.
If you are engaged in or considering filing a personal injury claim, don’t do it alone. A qualified Houston personal injury attorney at West Loop Law and the Law Office of Nhan Nguyen, MD, JD can help you maximize your compensation and ensure that your rights are protected.
Aggravation of a Preexisting Injury or Preexisting Condition
The degree to which a pre-existing injury or condition that a plaintiff had before the time of an accident was made worse by the incident that forms the basis of the negligence lawsuit is known as aggravation of a pre-existing injury or pre-existing condition. Simply the fact that the plaintiff has a prior condition or injury does not preclude him or her from filing a personal injury claim in jurisdictions that employ comparative negligence law, such as Texas.
A defendant is required by law to accept the plaintiff as he or she is found. As a result, the defendant must compensate the plaintiff for the extent to which the plaintiff’s underlying ailment or damage was worsened.
Pre-Existing Conditions Can Potentially Complicate Your Claim
When you have a pre-existing condition and must file an aggravation claim, this might have a number of consequences for your case. To begin, jurors frequently struggle to grasp how a pre-existing disease was worsened, much alone assigning a monetary value to the pain and suffering resulting from it.
Your personal injury lawyer in Houston will need to present evidence to show what your condition was like before and after the incident that is the basis of the case. He may also need to engage your treating doctor or perhaps an outside medical examiner to evaluate your medical records before and after the procedure and testify about any discrepancies.
Personal Injury Law Firm in Houston TX
Many potential obstacles may arise during a negligence claim or lawsuit, and plaintiffs need to be prepared to fight for the compensation they deserve. Luckily, West Loop Law and the Law Office of Nhan Nguyen, MD, JD is here to help.
Our team of personal injury lawyers in Houston TX can investigate your accident and aid you in gathering evidence to demonstrate the extent of your injuries and how they may have been aggravated by the incident. In addition, your attorney will handle the insurance claims procedure, including meetings with claims adjusters, in order to achieve the maximum possible settlement amount. Your lawyer will understand how to negotiate with insurance companies in order to get a fair and comprehensive payment for your losses.
Nhan Nguyen, MD, JD and Nader Rabie, JD are here to advocate for your legal rights after you or a family member has been injured in a serious accident.
Call West Loop Law and the Law Office of Nhan Nguyen, MD, JD now at (713) 840-7200 to book a free, no-obligation consultation and discuss your case if you or a loved one has been unfairly injured by the actions of another person.
Recent Comments