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Personal Injury question

  • Thread starter Cassandra Williams
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Cassandra Williams

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I was just recently in a car accident and sustained new injuries as well as aggreviated some old injuries. I was off from work for one week. The accident was not my fault. The other party has insurance, but I had to report it his insurance because he failed to. They are in the process of repairing my car. I'm currently under doctor's care. I know that I can recover the time off from work, sick leave used, pain and suffering and medical bills. What about continuing pain and aggreviation of old injuries? Can I recover for that and what else. I'm not trying to beat anyone, but I want to be compensated!

Writting from Louisiana
 


I AM ALWAYS LIABLE

Senior Member
Cassandra Williams said:
I was just recently in a car accident and sustained new injuries as well as aggreviated some old injuries. I was off from work for one week. The accident was not my fault. The other party has insurance, but I had to report it his insurance because he failed to. They are in the process of repairing my car. I'm currently under doctor's care. I know that I can recover the time off from work, sick leave used, pain and suffering and medical bills. What about continuing pain and aggreviation of old injuries? Can I recover for that and what else. I'm not trying to beat anyone, but I want to be compensated!

Writting from Louisiana
My response:

There is an old, but true, theory in the law of Personal Injury: "You take your Plaintiff as you find him".

Basically, what this means, is that the defendant is responsible for all current injuries and aggravation of old injuries.

Some Plaintiffs are hard-core, tough as steel, and in order to injure them, you'd need to drop them from a 10 story building.

Some Plaintiffs are what are called "eggshell". That means that you could tap them, and they suffer injuries.

So, the Defendant takes you as you are at the time of the accident and, if you happen to be an "eggshell" person, so be it, and the defendant is responsible.

Just be aware that a severe fight will be made to defend against responsibility for aggravation of your prior injuries. You'll have a doctor that says the aggravations were caused by the accident, and the Defendant's doctor will say you're out of your mind, and are trying to get rich from your "melingering manner" and still worse, that you weren't injured at all.

I see this all the time. It's a real tug 'o war.

I hope you've got an attorney, because with this type of an injury, you're going to really need one.

Good luck to you.

IAAL
 

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