Not everyone that has become the victim of an accident was in excellent health at the time of the unfortunate incident. Sometimes, an insurance company tries to get hold of all of victim’s medical records, in hopes of finding facts about a previous injury or a pre-existing condition.
Some conditions get aggravated by the forces that develop at the time of an accident.
• A broken bone that has healed.
• A condition that causes back pain
• A herniated disc
• A condition that causes neck pain
• A traumatic brain injury
• A strain or a sprain
Some conditions amplify the effect of the forces that developed at the time of the accident
• An earache: Its effect could get magnified, allowing it to trigger development of a traumatic brain injury.
• Degenerative disc disease
• Cardiovascular disease
A device that was implanted inside the victim’s body: That device might stop working, in response to the forces that developed at the time of the collision.
Questions raised when accident victim has suffered a previous injury, or has a pre-existing condition:
Did the accident make the condition or healed injury worse? The answer to that question can be found in the medical records. Had the victim’s condition or injury stabilized prior to the moment of the accidental occurrence? Proof that a condition had stabilized in the pre-accident period indicates that the accident-related forces harmed the victim.
If the accident-related forces did cause the victim’s injury, then to what extent did those same forces have an effect on the victim’s pre-existing condition or previous injury? Again, the answer to that question should be found in the victim’s medical records. The records made before the accident should be compared to the post-accident records.
Who gets held responsible for injuries suffered by a victim with a pre-existing condition or a previous injury?
According to the Personal Injury Lawyer in Moncton, the person responsible for the injury-causing incident must cover the treatment costs for someone that has suffered, as a result of the same incident/accident.
A tactic used by some insurance companies:
If a healthy victim takes part in a dangerous activity, such a riding a motorcycle, then he or she is supposed to use the recommended protective equipment. Hence, if a motor cycle rider suffers a head injury, because he or she failed to wear a helmet, the person that hit the same motorcyclist cannot be held responsible for treatment of the motorcyclist’s injuries.
Some insurance companies try to apply that regulation to a victim that relies on an implanted device. Their representative might insist that the victim should have been wearing some form of added protection, such as a second seat belt. An experienced lawyer should respond with a suitable objection.