Getting into a truck accident is already a very overwhelming process that can result in extensive injuries, but this becomes even more severe if you have a pre-existing medical condition. Pre-existing conditions can make your truck accident case a bit more complex if you are pursuing compensation.
If you are the victim of a truck accident in Vancouver, Washington, you need to hire a truck accident attorney to represent your case. At Henderson Taylor Law Firm, our team of auto accident lawyers has extensive experience handling truck accident cases and can help you file a claim and get the compensation you deserve.
Keep reading to find out how a pre-existing injury can impact your auto accident case.
How a Pre-Existing Medical Condition Can Impact a Truck Accident Case
If you were the victim of a truck accident, it is very likely that you can receive a settlement to help you cover your damages. This is especially critical if the accident aggravated a pre-existing injury that you were already suffering from. Unfortunately, having pre-existing health issues can also make a truck accident case more complex, as you have to prove that the truck accident made your injury worse.
Pre-existing conditions that can be negatively impacted by a truck accident include things like:
- Herniated discs
- Traumatic brain injuries
- Previously fractured bones
- Arthritis
- Back and shoulder injuries
- Knee injuries
- Muscle tears
- Whiplash
Pursuing an aggravation of a pre-existing condition settlement can help you receive compensation for things like medical expenses, pain and suffering, and lost wages. This can help you recover both physically and financially after having your health impacted by a negligent truck driver.
The main challenge of receiving a pre-existing injury settlement when you file an auto and truck accident lawsuit is proving the extent of your injuries. You will have to confirm that your pre-existing condition has been made worse due to the truck accident specifically.
The Eggshell Plaintiff Rule
In Washington, the eggshell plaintiff rule is a rule that holds at-fault drivers and their insurance companies liable for pre-existing injury damages that have become worse due to the accident. This protects victims of truck accidents, ensuring they can still receive compensation to cover their injuries even if they have pre-existing health problems. For the eggshell rule to apply, you have to fall under these categories:
- Your pre-existing condition was stable before the accident.
- Before the accident occurred, there was no reason for your condition to change or become worse.
Something to keep in mind when you have a pre-existing injury and an auto accident is that insurance companies are notorious for trying to counter eggshell claims. You will have to be able to prove without a doubt that the accident did, in fact, negatively impact your pre-existing health condition that would have otherwise been stable.
Examples of when the eggshell claim would apply include if you had a herniated disc that had stabilized but became further inflamed due to the accident. Or you may have had a fractured bone injury that was healed but re-fractured when the accident occurred.
How to Protect Yourself When Filing a Personal Injury Truck Accident Claim
To ensure you get the compensation you deserve, you need to be very thorough when filing your truck accident case. The process for doing this is similar to other auto accidents, but when you have a pre-existing medical condition, you need to provide as much documentation as possible.
When a truck accident aggravates existing injuries, this does not invalidate your claim, but it will make it more complex. You need to provide a thorough analysis of your medical history, being completely transparent regarding your pre-existing health issues. Providing a full, inclusive medical history will help to prove that even though you had pre-existing conditions, this does not invalidate your claim.
It can be helpful to get written statements from your healthcare providers as well as receive medical care directly after the accident. Creating a paper trail will help to prove that the accident did indeed result in the worsening of your health issues.
Why You Need the Help of an Attorney For Your Aggravated Injury Settlement
Although it is still very possible for you to receive compensation after a truck accident, even if you have pre-existing health issues, this is going to be much more complex. That is why it is crucial that you take the additional step of hiring a truck accident attorney to represent your claim.
A Vancouver, Washington, truck accident attorney will help you create a thorough claim that documents your health and how it has been negatively impacted by the truck accident. They can also help you prove who is liable in the truck accident so that there is no question of who should receive compensation.
It can be difficult to get evidence from medical experts, which is also where an attorney can come in handy. Your truck accident attorney can handle communication with your healthcare providers as well as medical experts to ensure you have thorough documentation that supports your claim. If the insurance company gives you any issues, your lawyer will handle negotiations, ensuring your rights are upheld throughout the process.
If a settlement cannot be agreed upon, your attorney can also help you take your case to court. This may be a step that is necessary if the insurance company rejects your claim due to pre-existing medical issues.
Hire an Experienced Truck Accident Attorney at Henderson Taylor Law Firm
Truck accidents have the potential to come with life-altering consequences, especially if they aggravate a pre-existing injury. This can result in extensive medical bills and lost wages, which is why you should pursue coverage so that you can make a full recovery.
At Henderson Taylor Law Firm, our truck accident lawyers are committed to defending the downtrodden and helping victims of truck accidents so that they can get the compensation they are entitled to. For expert legal representation from one of our Vancouver, Washington, attorneys, contact us today at 360-737-1478 or fill out our online form.
