How Can a Pre-Existing Injury Affect My Accident Claim?

car crash hit and runIf you are injured in an accident, whether at work, on the highway, in a public place, or even on private property, it can sometimes be easy to determine your damages. If you broke your leg, suffered a concussion, or sustained cuts and/or bruises, for example, it is easy to evaluate the medical expenses, time lost from work, and the pain you experienced during your recovery. Not all victims, however, are in perfect health before an accident. You might still be recovering from a previous accident or injury. You might have a chronic condition that causes intermittent or constant pain. You may even have a condition that makes you more susceptible to certain injuries.

Eggshell Doctrine

It is well established in personal injury law that the prior condition cannot be used against an injured person, even if their condition makes them more susceptible to injury than the average person. For example, a person who has had prior back injuries, surgery, or other procedures may suffer aggravation from those injuries or sustain new injuries in a crash that may have caused little to no damage to someone who didn’t have a pre-existing condition.  Nevertheless, the person responsible for an accident is responsible for all injuries in such a situation.

 

Proving Damages

To make a successful claim for damages when an injured person has pre-existing conditions, it will be necessary to determine with as much accuracy as possible the person’s condition both before and after the new injury. This will involve obtaining detailed medical records, the person’s work history, and in many cases, testimony from the injured person, their family members or caretakers, and medical professionals.

 

Proving out of pocket expenses, such as medical expenses and lost wages, may be fairly straightforward. If the person was seeing his doctor, chiropractor, or receiving other medical treatment once a month prior to the new injury and then more often after the new injury, the amount of increased medical expenses can be calculated with accuracy. If he was back at work following a job injury but had to miss work following the new accident, lost wages are easy to determine. Determining damages for pain and suffering is more difficult when an injured person has a prior injury or a pre-existing condition. It will be necessary to determine what the person’s level of activity and level of pain was both before and after the new accident or injury.

 

New York Accident Attorneys

Insurance companies are in business to make money, and that means limiting the amounts they pay out in claims.  Insurance adjusters will try to use your pre-existing conditions against you. It is vital to call an experienced accident attorney as soon as possible so the evidence needed to establish the damages you incurred from the new accident or injury can be gathered and preserved. The accident experts at O’Brien and Ford are always available for free consultations. Visit our website at http://obrienandford.com to learn more.

Why Road Rage Can Lead To Car Accidents

Angry yelling out car windowIt’s easy to get frustrated when others drive too close to your car, cut you off, or don’t follow the rules of the roads. However, acting out on your emotions can lead to road rage that causes serious car accidents and violations with law enforcement.

People that drive aggressively are not only dangers to themselves but also others on the road and the repercussions can be severe.

What Is Road Rage?

In the highly-populated and busy state of New York, it is common for the roads to have a lot of traffic. In fact, the Big Apple is well known for bumper-to-bumper traffic in its crowded cities.

This can easily cause aggravation when you’re trying to be on time to an appointment or simply want to arrive after a long day of work. Any driver is susceptible to road rage from minor to serious cases such as:

  • Speeding
  • Tailgating
  • Honking
  • Flashing headlights
  • Yelling
  • Giving rude gestures to other drivers
  • Walking out of your car and to another driver’s car
  • Using weapons such as firearms or your own vehicle to injure another driver

Road Rage Consequences

Injuries, property damage, and death are not the only consequences of road rage. Aggressive driving is against the law and whenever you get behind the wheel, you’re expected to follow the law. Disregarding the law can bring about fines, imprisonment, tickets, loss or suspension of your license, and other court and attorney costs. No matter how much another driver angers you while driving, the consequences of reacting hostilely are never worth it.

New York officers are consistently on the lookout to pull over reckless drivers. To obtain a New York license, you even have to pass an examination that includes questions on road rage to prove you are aware of the dangers in addition to the legal and financial consequences that you can face if you fail to drive responsibly. Road rage awareness is a mandatory prerequisite in order to obtain a New York license as this ensures that drivers understand why road rage is never okay and what the ramifications can be.

How To Prevent Road Rage

It may be difficult to impossible to avoid road rage from other drivers around you. However, you can always control your own emotions and take the steps necessary to avoid unfortunate accidents caused by road rage. To reduce your chances of being in a car accident:

  • Always remain calm and reasonable
  • Respect others on the road and follow the law
  • Play soothing music or intriguing podcasts or audiobooks
  • Mouth you’re sorry and wave if you make a mistake
  • If you start feeling upset, take a deep breath to calm yourself down
  • If you’re too emotional, pull over to a safe location and wait until you calm down
  • Contact the police if you see another person driving aggressively
  • Expect and plan ahead for the possibility of traffic and reckless drivers

Contact Us

Please always remember to drive responsibly. If you are the victim of a car accident, you deserve to receive compensation and need a skilled attorney on your side. Our attorneys have years of experience and offer free initial consultations to review personal injury cases. Call us today: 716-330-2901.