As part of the litigation process, our San Antonio car accident lawyer will discuss the strengths and weaknesses of the case. In particular, it is important that personal injury victims have a firm understanding of the major weaknesses of their case. It is important that they discuss these weaknesses with a San Antonio car accident lawyer early in the process before deciding to pursue a personal injury lawsuit.
Options with Weaknesses
In some instances, a weakness in a case may be alleviated before a San Antonio car accident lawyer files the lawsuit. In other instances, these weaknesses may be minimized before the case reaches trial. In other cases, the weakness may be such that it has a significant impact on the value of the case and a settlement should be considered. A preexisting injury may fall under any of these categories.
Preexisting Injury to the Same Part of the Body
One potentially major weakness to a case is a preexisting injury to the same part of the body. For example, a person may be injured in an initial accident and require the help of several doctor visits and then physical therapy to help with a back injury. A year later, this same individual may be involved in a second accident. The second accident has resulted in another back injury. If a person has a preexisting injury at the time that he or she is injured in an accident for which he or she has not recovered, the individual has to prove that the new injury was due to the second accident. Additionally, the personal injury victim usually has to provide the extent of the aggravation of the initial injury.
In order to prevail with the claim and be eligible for the maximum amount of compensation, the plaintiff must be able to prove his or her case. This usually involves submitting evidence such as doctor reports that clearly attribute the new injury to the accident. When insurance companies are involved, the defense is often that the current injury is only a mere flareup of a preexisting injury so that they will not be required to pay more out on the claim. Preexisting injuries are a common reason why cases are not settled before expensive and time-consuming litigation. The plaintiff may believe that he or she is entitled to full compensation even if he or she cannot prove aggravation. The insurance company may be reluctant to accept these arguments because it would result in a higher settlement value of the claim. A San Antonio car accident lawyer can help advise which direction to take if this is an issue.
Legal Assistance from a San Antonio Car Accident Lawyer
If you would like more information on how a preexisting injury may affect your case, contact a San Antonio car accident lawyer from Brylak Law by calling (210) 733-5533.