Dealing with a personal injury claim can be a daunting process, especially if you have pre-existing injuries that may have an impact on your case. In Nashville, Tennessee, understanding how these injuries affect your claim and how to navigate the legal system is crucial. This blog post will discuss the challenges that arise from pre-existing injuries, provide tangible tips on how to address them, and how the Law Office of Stanley A. Davis can help you in your personal injury claim.
1. Disclosing Your Pre-Existing Injuries
When filing a personal injury claim, it is essential to be transparent about any pre-existing injuries you may have. Insurance adjusters and defense attorneys may use this information to argue that your injuries were not caused by the accident in question.
- To counter this, you should provide your attorney with a complete medical history and any documentation related to your pre-existing injuries.
- This will allow your attorney to build a strong case and demonstrate that the accident either aggravated your existing injuries or caused new ones. The Tennessee Board of Medical Examiners can be a helpful resource for obtaining your medical records.
2. Understanding the "Eggshell Plaintiff" Doctrine
The "eggshell plaintiff" doctrine is a legal principle that states a defendant is responsible for the full extent of a plaintiff's injuries, even if the plaintiff had pre-existing conditions that made them more susceptible to injury.
This means that if your pre-existing injuries were aggravated or worsened due to an accident, the at-fault party is still responsible for compensating you. Your attorney can help you understand how this doctrine applies to your case and ensure that you receive the compensation you deserve.
3. Obtaining Expert Medical Opinions
One of the most effective ways to demonstrate the impact of an accident on your pre-existing injuries is by obtaining expert medical opinions. These opinions can help establish the relationship between the accident and your injuries, as well as the extent of the damages you have suffered. You should consult with your attorney to identify the appropriate medical experts to evaluate your case and provide their professional opinions.
4. Calculating Damages for Aggravated Pre-Existing Injuries
When it comes to calculating damages for aggravated pre-existing injuries, it is crucial to understand the difference between the value of your claim before and after the accident. This can be a complex process, as it requires an in-depth analysis of your medical records and the impact of the accident on your overall health. Your attorney can help you navigate this process and ensure that you receive fair compensation for your injuries. The Tennessee Bar Association provides resources on calculating damages in personal injury cases.
5. Seeking Legal Assistance
Dealing with a personal injury claim involving pre-existing injuries can be challenging, but you don't have to go through it alone. The Law Office of Stanley A. Davis specializes in personal injury claims and can help you navigate the complexities of your case.
With extensive experience in handling cases involving pre-existing injuries, our team can provide the legal guidance and support you need to ensure you receive the compensation you deserve. Contact us today for a free consultation and let us help you overcome the challenges of your Nashville personal injury claim.