Personal Injury Basics: Prior Injuries

Posted on April 12, 2012 by Fast Lawsuit Team

If you are a victim of an accident that is someone else’s fault, you can seek redress by suing the erring party for compensation. But, if you have a previous injury, you must remember that it can also affect your personal injury claim.

Did you have episodes of back pain prior to the injury? Did you already suffer from headaches? One thing you can expect is that when you file a lawsuit, the other party’s defense will carefully look at your medical records and find reasons for them not to pay your claim or to at least lessen the amount they have to pay. They can do this by stating that the injuries you are claiming against was actually not caused by the accident but by previous events. When they can do this, the erring party only needs to compensate you for the harm he caused, and not for harm that you have previously experienced.

The “Eggshell Skull”. Under this principle, the adage: “You take the plaintiff as you get them.” applies. For you who have a pre-existing condition and have learned to manage that condition in such way that you are pain-free or are only suffering minor discomfort, you have the right to recover for your losses due to the accident. After all, the accident was not your fault.

Under the eggshell skull principle, falls two rules: The thin skull principle and the crumbling skull principle.

The “Thin Skull” principle. The erring party can try to avoid payment by pointing out that the injury was caused by a previous event. However, if you can prove that your pre-existing injury was actually made worse by the accident, you can file a claim for compensation based on the degree by which the accident worsened the pre-existing injury. The increased level of pain and worsened physical situation is based on the “eggshell skull” principle. Based on this, even if the accident should not have caused such damage under “normal” circumstances (i.e. you are in good physical condition), the erring party is still liable for the injury. Regardless of the fact that you basically walk around with an “eggshell skull”, the premise is that you would have been perfectly fine had it not been for the accident.

For example, if you are already suffering from osteoporosis and you had a minor slip up due to a wet floor inside the mall. The mall operators will be liable for the full extent of the damage and injury you experienced, even if any other person who had the same slip up would just have walked away intact.

The “Crumbling Skull” principle. The erring party only needs to pay you for the degree by which your injury was worsened. For instance, you already have scoliosis and are expected to have episodes of back pain in the future, regardless of whether the accident occurred or not. The erring party is not liable to pay for the back pain. However, if the accident has worsened your bad back so that you need to see a doctor for treatment, the other party is liable for those medical expenses.

Don’t lie about your pre-existing condition. Resist the temptation to hide your pre-existing injuries – there are no secrets in a lawsuit and for the court to find out that you lied or hid facts about your medical condition. Remember that when you file a lawsuit, the other party will be provided with access to your medical records.  They will see what your doctor, chiropractor or other health practitioner has recorded about your condition, as well as the statements you gave them. They will also see how often you came for treatment.

Immediately seek treatment for your injury, no matter how minor. If that collision has jostled your previously injured back, be sure to go to the hospital to have it checked. Otherwise, the other party can say that it is due to your negligence and failure to seek treatment that your condition worsened. Don’t fall into the trap of thinking that since you already have the condition before the accident occurred that the accident had nothing to do with the pain you are experiencing.

Pre-existing conditions can make your lawsuit even more complicated. It can also mean that more time before a lawsuit is decided on and settled. Meanwhile, you may be undergoing financial stress because of your medical bills and your day-to-day expenses, even as you are unable to work. You can seek help by applying for lawsuit funding.

FastLawsuitMoney.com provides quick and reputable lawsuit settlement funding. FastLawsuitMoney.com is committed to helping people like you to make sure that you get the compensation you deserve, even with your pre-existing condition. With cash from the lawsuit loan, you can start paying off your medical bills, provide for your family’s needs and ensure that your lawsuit is as strong as it can be.

Personal Injury Lawsuits and Pain and Suffering

Posted on September 10, 2011 by Fast Lawsuit Team

In personal injury lawsuits, one component that is quite hard to determine is pain and suffering. It is difficult to put a monetary value on the pain and suffering – putting dollars and cents on one’s quality of life and the ability to enjoy what the world has to offer. Damages for pain and suffering will try to compensate you not just for the physical pain you suffered but also the mental and psychological trauma the injury has caused.

It is much simpler to compute for property damage – you just have to calculate how much it takes to have the property repaired or replaced and that’s it.With pain and suffering, you are dealing with unique individuals with unique personal histories and pain thresholds. Indeed, what may seem excruciating to one may be just a minor pain to another.

Just exactly how much is your back pain or facial scars worth? Well, it depends on the judge or jury. It will also depend on just how much evidence you hold and how “good” your witnesses are, as well as how effectily your lawyer presents your case. There are no formulas, no “settlement charts” to be consulted. However, there are some factors that will be considered by juries when determining just how much should be awarded for pain and suffering.

Occupation. How much income do you earn prior to your injury? A victim that earns a considerable annual income may result in varying levels of settlement award. One set of jury may think that a high-earning individual is well off enough and may not need a lot of money by way of pain and suffering damages. Yet another set of jury may think that the individual will have lost a considerable amount of income due to the injury and award him higher damages. Also, a simple injury may actually be devastating to some. A knee injury will mean that a famous basketball player can no longer play his favorite sport. It will also effectively end his career.

Age. The age of the victim will also be taken into account. Young victims may heal more quickly. But then again, if the injury resulted in permanent disability, then they will have a longer time to have to deal with their pain and suffering. A person closer to retirement age may be seen as frailer and more apt to suffer from the injury.

Amount of medical expenses incurred. There are some who simply multiply the total amount of medical expenses by a certain number to get the value of pain and suffering.

Kind of injury. The kind of injury will also be considered. For instance, the trauma of a facial injury and its subsequent scarring will more likely cause more suffering than an injury where there is no scarring or the scars can be kept hidden.

The witnesses you also call may also affect the amount of pain and suffering compensation awarded to you. The witnesses you bring will show how the injury has affect your day-to-day living and your enjoyment of it.These witnesses need to show credibility as they narrate how you have suffered – how the injury has affected your family and marriage situation, how your day-to-day activities and hobbies have been limited by your injury, how much pain you are in, and so on.

Working for a Fair Personal Injury Lawsuit Settlement

The goal in filing a personal injury lawsuit is for you to get compensated for your losses, not just financially but also emotionally and psychologically. The other party (and their insurance company) will naturally try to give you a lowball offer, prior to the filing of a lawsuit. It is up to you and your lawyer to try to negotiate for the right personal injury settlemtn that is due you. You may need to apply for a lawsuit settlement advance.

Sometimes, having enough funds throughout the process can help. You can consider getting litigation funding so that you can continue to pay for your daily needs as well as for court costs while the lawsuit is on dock. Lawsuit funding will give you the much-needed funds for you to keep on track and not be tempted to say “yes” to lowball offers from the other party.

Remember, showing the extent of your pain and injury may require a considerable cost to you. You will need to spend for the deposition of the witnesses as well as to call in expert witnesses to give their opinion of your injuries and suffering. A lawsuit cash advance will help fund these expenses as you work to bolster your case.

A lawsuit settlement funding is offered as non-recourse funding. This means no risk funding for you. You only need to pay once the lawsuit settles. For quick and easy lawsuit funding, you can go to FastLawsuitMoney.com. They will evaluate the merits of your case and once you are approved, you can get the cash in as quickly as a day.