In truck accident cases, like with any
other accident case or lawsuit, the defendant/s insurer may raise an objection
during trial that an injury or disability that the plaintiff is claiming was
caused by the accident is actually a preexisting injury or disability and was
not the direct result of the accident around which the case is premised.
Legally speaking, truck accident lawyers
in Texarkana, TX confirm that as a plaintiff, one is not allowed to claim
damages for a pre-existing injury. However, he or she can claim damages for a
pre-existing injury or medical condition that was aggravated by the accident.
For such claimants, whether or not they
will win their lawsuit and receive damages for preexisting injuries that were
made worse depends almost entirely on how they or their legal professional is
able to go about proving the cause and effect and establishing a direct
relationship between the accident and the deterioration of the injury or
medical condition. As you can imagine, proving something so subtle is not a
cake walk and requires experience, knowledge, and tact combined with concrete
evidence in terms of medical expert testimonies and medical records.
Disclosing
prior injuries – an important step
Texas truck accident attorneys point out
that it is imperative that the plaintiff in a truck
accident case practices full disclosure when it comes to any prior
injuries or disabilities. If a pre-existing injury or condition was exacerbated
by the truck crash, if the plaintiff claims damages for this without having
first already mentioning the pre-existing injury in the lawsuit then it is
almost certain that damages will not be awarded. In addition, it will only
affect the case negatively by tainting the credibility of the plaintiff and
reducing the value of the overall claim itself.
In the movie Avengers II: The Age of
Ultron, there is a character who has his arm cut off by Ultron himself. His
name is Ulysses Klaue. Ulysses Klaue says something to Ultron that Ultron does
not care for, him being a Tony Stark creation and what not. Ulysses Klaue
survives this battle but has one arm less. If he was to get into a trucking
accident later on in Texas and his injured arm was to be reinjured, and he was
trying to claim damages, this would be considered a pre-existing injury.
Even if a large truck hit him and he was
not at fault, the condition of Ulysses Klaue’s arm would have to be taken into account
if he was claiming damages based on that injured arm, among other damages. Most
likely he would have other parts of his body hurt too.
The
susceptible plaintiff
In some cases, a low impact or a
seemingly timid accident can cause a patient who was already living with a
pre-existing injury or medical condition to become injured or incapacitated to
a higher degree. In such cases, the jury or judge may doubt that an injury to
such an extent can be caused by such a low impact injury.
However, if the plaintiff has already
disclosed the pre-existing injury and then is able to provide quantifiable
medical proof that their condition has worsened as a consequence of the
accident and nothing else, then he or she is entitled to claim
compensation through an accident claim, say Texarkana, TX truck
accident lawyers.
Why
do you need a truck accident lawyer?
A truck accident case is not like a car
accident case. Truck accidents are subjected to an exclusive set of trucking
laws which are state specific and also to a second layer of federal trucking
laws. Therefore, if you are a victim of a truck accident,
filing a claim, proving the claims within the lawsuit and actually winning
damages will require professional expertise in the field that only a truck
accident legal counselor can bring to the table. Therefore don’t waste time in
planning to consult a lawyer. Make the phone calls today.
You may only have to make one. After a
few clicks on this website (Truck-Accident.USAttorneys) you will be on the
right track. This digital tool is user friendly. Take care of your business, no
one else will for you.
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