When a person becomes a victim of a personal injury accident, he or she may find it difficult to get properly compensated for their injury due to a preexisting injury. When a person has a preexisting injury, the defendant’s insurance company may feel that the plaintiff should only have limited compensation. The insurance company may develop a case revealing that the plaintiff’s preexisting injury is the reason behind the majority of pain and suffering experienced now.
The “Soft-Shell” Defense
Many defendants use a “soft-shell” defense to help win cases that reward victims with a limited amount of compensation. The “soft-shell” defense reveals that the plaintiff with the preexisting injury was in a weakened state, which allowed him or her to be more vulnerable to injury resulting in the previous condition being aggravated. With this claim, many cases have been won in the favor of the defendant. Do not let this happen to you. Recruit the services of our Palm Springs personal injury lawyers to increase your chances of being properly compensated.
How can our Palm Springs person injury lawyers help?
In order for the plaintiff to increase their chances of getting properly compensated, it is important for him or her to disclose any and all information that pertains to prior injuries. This information can help battle claims by the defendant’s insurance company. It is possible they may state that the majority of the current pain and suffering experienced by the victim is due to previous injuries, especially those that affect the same part of the victim’s body.
Our Palm Springs personal injury attorneys use medical records from the plaintiff to show that the victim has been properly treated for past injuries and that the current injury has irritated the area, causing the current pain and suffering experienced by the victim.
Instead of losing a personal injury case due to your past injuries, contact our Palm Springs personal injury attorney to get the compensation that you deserve.
Contact Our Palm Springs Personal Injury Attorney for a Consultation
Contact us at 760-322-2275 to schedule a consultation around your case to see how we can help your case.