When you sustain injuries as a result of an accident that someone causes as a result of negligence or as a result of wrongdoing, you are entitled to receive full and fair compensation for all of the harm that you experienced. In many cases, victims who sustain injuries were in good health before the accident and it is easy to show that the accident was the reason why the victim is now hurt. Sometimes, however, the victim will have already had an injury. When an accident affects a person with a pre-existing injury, the case becomes more complicated.
Victims with pre-existing conditions are still entitled to compensation but must prove the extent of the damage that the accident caused.
An Atlanta personal injury lawyer can provide assistance in situations where someone who was already hurt gets more severely hurt as a direct result of an auto accident, a fall, or any injury that happens due to negligence.
Your Rights After an Atlanta Accident Exacerbates a Pre-Existing Injury
When an accident exacerbates an existing injury, the victim is entitled to be compensated for any symptoms that become worse and for any treatments that become necessary due to the fact the accident caused the injury to become more serious or more painful. Medical records can be necessary to show exactly how much worse the accident caused the symptoms to become and to show what types of additional treatment were necessary due to the accident.
A victim who is more susceptible to injury as a result of a condition can also be compensated for the full extent of damage that an accident causes, even if a healthier person would not have been as severely injured. For example, if a person has a clotting disorder or a bone density disorder, that individual might be much more likely to sustain serious and costly injuries in a fall, auto accident, or other type of accident.
There is a rule called the egg-shell plaintiff rule that specifies that a defendant takes a plaintiff as he finds him, so it is simply the bad luck of the defendant if he happens to harm a person who is more susceptible to injury. The defendant still must pay full damages to the victim who was harmed.
It is important to have an experienced attorney when you have a pre-existing injury or condition and you get into any type of accident that makes your existing symptom worse. The defendant may try to argue that he does not have to pay damages because you were already hurt and you will have to show why you sustained more serious harm. You will need a lawyer who can connect you with a network of expert witnesses so your attorney can put together solid proof showing how the accident damaged you. Contact an attorney as soon as you can after getting hurt.