All different types of people are injured in car accidents. Some have health problems. Others have been previously injured in car accidents. Some are fully recovered from previous injuries and others are not. No matter what your situation, if you are injured in a car accident due to the negligence of another, you are entitled to compensation. Period. Never let an insurance company try to take that away form you.
New York personal injury attorney Michael LoGiudice is here to stand up to the insurance companies on behalf of those injured in automobile accidents. Attorney LoGiudice does not let these companies get away with cheating people out of money they deserve.
How Can Pre-Existing Injuries Effect your Personal Injury Claim?
If you have pre-existing injuries, a car accident can aggravate them and also create new medical issues that relate to the old injury. You are still entitled to compensation for the damages you sustain in a car accident. New York follows the long established “eggshell doctrine.” The doctrine means that you take the accident victim as you find them. Stated in other terms, it does not matter how vulnerable or susceptible to injury a person may be, an at-fault driver is to take financial responsibilities for the injuries the victim has sustained.
The person whose negligence caused the accident has to compensate you for the aggravation of a previous injury, flare ups of an old injury, or anything else that arose as a result of the accident. The difficult part can come in distinguishing what damage the accident caused and what injuries you already had. Insurance companies will frequently reject claims stating that the claim relates to a pre-existing injury and not to injuries sustained in the new accident. These companies will also use pre-existing conditions to undermine the value of your claim and give you low settlement offers.
Because of how insurance companies will use pre-existing injuries and conditions to devalue your claim, you must be clear with your attorney about the nature of any pre-existing injuries you had at the time of the crash. The last thing you want is for your attorney to be surprised later on. Give them all of the information so that they can be the most effective advocate for you. Your attorney will also be able to discuss the importance of speaking with your doctor about the nature of your pre-existing injuries. Your treating physicians must make it clear in your medical records that they are treating new injuries or how a previous injury has been exacerbated by the accident. This will be treated as evidence to substantiate your insurance claim.
Standing Up to the Insurance Companies for You.
Personal injury attorney Michael LoGiudice does not back down from a fight with an insurance company. He has years of experience relentlessly pursuing injury claims because he knows that his clients are entitled to full and fair compensation for their injuries. No insurance company is going to tell him otherwise. If you have been injured in a car accident, contact Michael LoGiudice, LLP today.