Sustaining an injury can be a traumatizing experience, both physically and emotionally. In Colorado, if you have a pre-existing condition, handling a personal injury case can be even more complicated than usual. It is essential to know your legal rights and understand the process to ensure that you receive fair compensation for your injuries and damages.
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The Importance of Disclosing Pre-existing Conditions
One of the first things to keep in mind is that it is crucial to disclose any pre-existing conditions during the initial consultation with your attorney. Failure to disclose a pre-existing condition can have adverse consequences for your case, including potentially losing credibility with the judge and jury.
Additionally, failing to disclose a pre-existing condition could lead to complications in your case, including accusations of fraud and other legal issues. By being upfront about your pre-existing condition, you can avoid any potential complications and ensure that your attorney can build the most effective case for you.
Establishing Causation
In any personal injury case, the plaintiff must establish causation, meaning that their injuries and damages were a direct result of the defendant’s negligence or wrongdoing. For individuals with pre-existing conditions, establishing causation can be more challenging, primarily if the new injury is similar to the pre-existing condition.
In these cases, expert medical testimony is crucial to establishing causation. Your personal injury attorney will work with medical experts to determine whether the new injury is a separate condition from the pre-existing one or if it caused an exacerbation of the pre-existing condition. This determination is essential to ensuring that you receive the compensation you deserve for your injuries and damages.
The Eggshell Skull Rule
In Colorado law, there is a legal principle known as the "eggshell skull" rule, which means that a plaintiff is entitled to compensation for any harm suffered, even if the damages are more severe because the plaintiff has a pre-existing condition or an underlying medical condition. Essentially, the defendant is responsible for the victim’s injuries, regardless of the pre-existing condition’s presence.
For example, suppose someone with osteoporosis sustains a broken bone due to a slip and fall accident caused by another individual’s negligence. In that case, the defendant is still legally responsible for the broken bone, even if it is more severe than it would be for someone without osteoporosis.
Calculating Damages
Another challenge that arises in dealing with a pre-existing condition in a personal injury case is calculating damages. In these cases, it is essential to determine the difference in treatment costs and lost wages between the pre-existing condition and the new injuries.
Your personal injury attorney will work with medical experts and financial professionals to calculate the difference in damages and determine the appropriate level of compensation you deserve. While it can be complicated to establish the damages in these cases, an experienced attorney can ensure that you receive fair compensation based on the unique circumstances of your case.
Conclusion
Dealing with a personal injury case in Colorado can be complicated, but it is even more challenging if you have a pre-existing condition. To ensure that your legal rights are protected and that you receive fair compensation for your injuries and damages, it is essential to work with an experienced personal injury attorney who can navigate these legal complexities and build the most effective case possible.
By being upfront about your pre-existing condition, working with medical experts to establish causation, and calculating damages appropriately, you can ensure that you receive the compensation you deserve for your injuries. With the right attorney on your side, you can focus on your physical and emotional recovery while your case is resolved.