If you have been seriously injured in a car accident, the other party’s insurance company (and their lawyers) will do everything in their power to reduce the amount of compensation you are owed. One of the ways they may attempt to do this is by looking through your medical records for pre-existing conditions that might explain away the injuries you received in your accident.
For example, if you dislocated your shoulder five years ago, any shoulder injury you received during your car accident may be downplayed or dismissed with the excuse that the accident merely “aggravated” a pre-existing condition. This helps the insurance company justify offering you a smaller settlement.
However, the law states that a defendant in a car accident case must be held responsible for any injury they cause, and it specifically allows for aggravation of a pre-existing condition. Your earlier injury should not prevent you from recovering the financial help you deserve from your recent car accident. The burden of proof is on the defendant to prove that there is a casual relationship between your earlier injury and the injuries you suffered during the accident. Our experienced Little Rock car accident lawyers can help you fight these accusations if they arise.
If you have been injured in a car accident anywhere in Arkansas, please contact the Duncan Firm’s Little Rock office today to schedule a free initial consultation.