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Can pre-existing injuries affect current car accident claims?

Sustaining car accident injuries is very serious and thus health should be the prime focus after any kind of road accident. Understanding the severity of your injuries, our Car Accident Attorney will assist you in getting deserved compensations so that you don’t have to bear the medical expenses.

However, it is desired that the physician reviews the current injuries immediately especially if you suspect aggravation to any previous injuries. It is important to do so because the defendant’s attorney may argue that new injuries did not result from the recent crash.

Let’s have a look at the “Thin Skull” rule in Colorado and also learn about apportionment to understand how pre-existing injuries could affect the claims.

Related Read: How Personal Injury Claim’s Pain and Suffering costs are calculated?

Apportionment

Apportionment defines the number of injuries actually be paid by the opponent. A jury could designate a number of damages to the victim’s pre-existing condition and another amount to the damages caused by the defendant under apportionment. This generally concludes that if apportionment occurs, the defendant does not have to bear the liability for entire damages.

Opposite to this, if the evidence presented to the jury do not support apportionment, the defendant would be liable for all the damages. You can seek further guidance on this from an experienced Car Accident Lawyer.

The ‘Thin Skull’ Rule in Colorado

The ‘Thin Skull’ rule simply means that the victim need not prove the existence of a pre-existing bodily condition before jury instruction is given. Thin Skull rule is also known as the eggshell rule which refers to a doctrine in which a victim’s frailty is not a defense in the case. The rule equally applies regardless of the plaintiff’s age as it does not make the defendant less liable. The defendant needs to pay for all the damages caused by their negligence, regardless of the pre-accident condition of victims.

How will Insurance Company respond to such cases?

Insurance companies are looking for opportunities to lower your claims and hence will not hesitate to use your medical history against you. They can make a low-ball settlement offer saying that your prior injuries lower the total value of the claim.

 

Get Help of Colorado Injury Attorneys

Seeking expert guidance is one of the crucial steps after the accident so don’t hesitate to reach our Injury Attorneys. The time to make your move is now if you or any of your loved one is injured in a road accident. Call us now for Free Consultation at 303-779-5300.

 

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