Jonathan Garza
Many defendants try to link injuries to age or health condition
Degenerative conditions can affect the ability of older people to maintain an active lifestyle. Pre-existing conditions can also make you more prone to re-injury or slow down your recovery. Both have no negative impact on the case or its value, as they are determined case-by case.
Insurance companies may use factors like age or pre-existing health conditions to claim that injuries were caused by the incident and not by pre-existing issues. This can devalue the case. Personal injury attorneys have the expertise to combat these defense arguments. Litigation may be necessary, depending on the severity of the case.
Medical testimony is key to separating accident injuries from pre-existing conditions
Age and pre-existing conditions are important factors in personal injury law. The age of the claimant can affect both the past and future damages. A younger person who has suffered a serious injury could claim higher compensation because of the prolonged suffering or decreased quality of life. A serious injury could result in substantial future earnings loss, especially if the injury affects the remaining years of the person’s working life. A claim for an older person may be lessened due to the fact that they have fewer years and reduced losses.
On the other hand pre-existing conditions present a unique challenge. It doesn’t devalue the case but it complicates it. It is important to differentiate between injuries caused by an incident and symptoms of a pre-existing condition.
Defense attorneys often use pre-existing medical conditions to reduce compensation. They argue that the distress of the claimant is caused by these conditions, not the incident. The eggshell rule, which is part of tort law, states that you must take the victim as they are, meaning the defendant can be held responsible for any unforeseen injuries resulting from pre-existing conditions. To ensure that victims receive a fair settlement, it’s important to provide solid medical testimony in order to distinguish between the effects of an accident and pre-existing conditions.
Marcus Fernandez
Mitchell J. Panter
Age can affect compensation; pre-existing conditions add complexity
The age of the plaintiff and any pre-existing medical conditions can have a significant impact on the value of a lawsuit. In a court proceeding, these elements are considered when determining damages. The age can impact future earnings potential, medical expenses, and quality of life. This can influence the compensation sought.
It can be more complicated when there are pre-existing conditions. This is because it might be necessary to do a thorough investigation in order to determine how much harm was caused by the condition and how much by the new incident. The complexity of legal discussions and calculations can be affected by age and medical issues. This requires careful consideration in order to ensure a fair and accurate evaluation.
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The post What are the factors that affect case values, such as age and pre-existing conditions? first appeared on Las Vegas personal injury attorneys.