When a Personal Injury Exacerbates a Pre-Existing curative condition - The "Egg Shell Skull" ideas

Cincinnati Car Accident Attorney - When a Personal Injury Exacerbates a Pre-Existing curative condition - The "Egg Shell Skull" ideas

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When a Personal Injury Exacerbates a Pre-Existing curative condition - The "Egg Shell Skull" ideas

Many people live their lives with pre-existing curative conditions such as: Bad knees; degenerative conditions in the back, previous broken bones that have healed, etc.

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Cincinnati Car Accident Attorney

Are you entitled to recover for damages in a personal injury crisis when a pre-existing curative condition is exacerbated? Yes!

The Egg Shell Skull Theory

The Egg Shell Skull law goes something like this. Let's say Humpty Dumpty, who has a skull as thin as an egg shell, is driving, and gets into a car crisis that is not his fault. His skull being as thin as an egg shell shatters into a million pieces so that all of the king's horses and all of the king's men could not put his head together again. Can Humpty Dumpty recover for his injuries inspecting the fact that he had a skull as thin as an egg shell, which is not normal for human beings? Yes!

The law of personal injury in a nutshell (not to be confused with egg shell) makes persons who are negligent, liable for injuries that they cause that are reasonably foreseeable. The case law on the field has closed that it is reasonably foreseeable that persons who are injured may have pre-existing conditions, or deformities, and that a negligent someone must take the injured someone as they find them. Hence Humpty Dumpty is entitled to a saving even though is head is as thin as an egg shell.

Pre-Existing Conditions

I do many personal injury cases where a someone suffers an injury due to the negligence of another, and the injury is unmistakably diagnosed as a condition that existed prior to the accident, but was exacerbated or became symptomatic after the injury accident.

Many people who have pre-existing conditions learn to live with their conditions, are pain free notwithstanding their conditions, or have minimal discomfort due to their conditions. Some may even have a large estimate of pain or loss of mobility due to their conditions.

These people are entitled to recover for their losses just like whatever else who is injured in a Personal Injury crisis that is not their fault. Crafty guarnatee business adjusters and guarnatee business lawyers will try to limit their liability by claiming that the injured someone was not injured at all in an accident, and that they had a pre-existing curative condition which cuts off or limits their liability.

Some persons with pre-existing curative conditions may not even seek legal advice or retain a lawyer after they are injured, because they frame that they already had the condition before the crisis in the first place. This is a huge mistake.

The lowest line is that any someone who is injured due to the negligence of another, and who has a pre-existing curative condition, is entitled to recover compensatory damages that were caused by the accident. If a pre-existing curative condition or disability is made worse or symptomatic as a result of the crisis you are entitled to recover.

It takes a good personal injury lawyer, who knows the law to get you what you are entitled to.

By Norman Gregory Fernandez, Esq., © 2007

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