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The Magnitude of Pre-existing Conditions on Personal Injury Claims
In the realm of personal injury law, a surprisingly common roadblock towards achieving a desirable settlement revolves around pre-existing conditions. In essence, a pre-existing condition is any health issue that an individual might have had prior to the incident leading to their personal injury claim. From the stand point of The Law Office of Carlson Bier Associates, proficient personal injury attorneys serving the state of Illinois, pre-existing conditions can considerably determine the course of one’s compensation claim. In this blog post, we delve into the intricate connection between pre-existing medical conditions and injury claims. We are hoping to provide incisive insights that will indisputably enrich the understanding of current and potential clients seeking redress for personal injuries.
The Crucial Role of Pre-Existing Conditions in Injury Settlements
At Carlson Bier, we are committed to applying our vast wealth of legal experience to ensure clients receive maximum compensation for injuriously detrimental events. Yet, one matter frequently stands between our clients and their ideal claim outcome: pre-existing medical conditions. Understanding the impact these conditions can have on a compensation claim is of prime importance.
• Pre-existing conditions can lower the amount of financial compensation: Insurers will often scrutinize your medical history with a fine-tooth comb, searching for any chance to lower the compensation they owe. Pre-existing conditions provide them with such an opportunity.
• Evidence of pre-existing conditions can complicate the claims process: A meticulous review by the insurance company could unearth your underlying health issues. This can then introduce further complications that could possibly delay or undermine your claim.
Handling Pre-Existing Conditions in Personal Injury Claims
At Carlson Bier, we are willing to navigate the murky waters of personal injury law and pre-existing conditions. Our skillful attorneys will employ several strategies intimately tailored to each client’s situation, bringing aboard years of expertise in negotiating fair settlements that rightfully account for pre-existing conditions.
• Full disclosure of pre-existing conditions: Transparency is fundamental in every dealing. It’s essential to divulge all your pre-existing medical conditions to your legal counsel. This transparency permits us to develop a formidable legal plan and prepare for any objections.
• Differentiating New Injuries and Symptoms: We can draw on supporting medical evidence to distinguish between injuries caused by the accident and pre-existing conditions.
• Exacerbation of Pre-existing Conditions: Even if an accident wasn’t the root cause of a condition, if it has significantly worsened it, you could still qualify for deserving compensation.
The “Eggshell Plaintiff” Doctrine
One significant aspect to consider when dealing with pre-existing conditions claims is the “Eggshell Plaintiff” doctrine. This principle infers that the defendant must ’take their victims as they find them’. In other words, if the victim had a more significant injury due to an underlying condition, the defendant is financially responsible for the full extent of the injury.
However, understanding and applying this doctrine requires profound legal expertise. Our attorneys at Carlson Bier are extensively seasoned in exercising this law to ensure clients with underlying conditions receive equal and fair treatment. For more detailed information, you can visit the Illinois Courts public page to understand how Illinois courts interpret and apply this principle.
Carving the Path Forward with Carlson Bier Associates
In conclusion, dealing with pre-existing conditions during a personal injury claim is no walk in the park. It demands a comprehensive understanding of the intricacies of personal injury law, solid expertise, and a profound commitment to secure rightful compensation for victims. At The Law Office of Carlson Bier Associates, we are cognizant of the potential setbacks one might face due to pre-existing conditions. Therefore, guided by a staunch commitment to our clients and a comprehensive cognizance of Illinois law, we stand firm, not just to represent, but also to champion the rights of injury victims. It’s about more than just dealing with insurers and legal technicalities. It’s about restoring balance, seeking fairness, and ensuring that each personal injury claim is treated with utmost attention and dedication it truly merits.
