Getting in an accident is bad enough, but for persons with health conditions, it is even worse. An accident can worsen pre-existing medical conditions and complicate the process of getting compensation.
Often, people wonder if it makes sense to pursue compensation or let the chips fall where they may. Although every situation is best assessed on a case-by-case basis, this guide will help you figure out if your claim stands a good chance of success or not.
This is an application made to request compensation following an accident. The money received via a personal injury claim is expected to cover any medical costs, lost wages, and other expenses the victim suffered due to the accident.
In Oregon, you have two years from the time of an accident to make this claim, except in situations involving wrongful death. In that case, the duration extends to three years.
The law requires you to prove that the other party caused the accident due to their negligence and/or reckless conduct. Depending on the circumstances, you may have to deal with their insurance company directly or get a personal injury lawyer to pursue the case for you in court.
Pre-existing health conditions typically make you more vulnerable during an accident by increasing your chances of injury. For example, if you already had a knee injury before a car accident, the forceful impact can cause extreme pain or even arthritis.
A person living with high blood pressure may even suffer a heart attack due to the impact of the accident. Even non-physical health conditions like anxiety, depression, and other mental health conditions can worsen following an accident.
But do these help strengthen your claim and entitle a victim to more money? The answer is not exactly black and white because it depends on the argument made on the matter.
For example, let’s say a person living with hypertension was in a car accident that caused them to have a heart attack. They may need an ambulance to take them to the hospital to save their life and even possibly spend time in the Intensive Care Unit (ICU).
Now, the fact that a person went through these harrowing conditions does not mean they will automatically get some money for it. However, the victim can present these arguments in their claim, requesting compensation for their injuries, expenses, and stress.
The claim should typically consider other ongoing expenses, like rehabilitation costs, for cases where the victim may need physical or mental therapy. It should also consider the time spent away from work and all possible earnings lost.
The victim may also not be able to return to their old job or even work again, so a good claim should consider all these when requesting compensation.
The eggshell principle is a legal doctrine that holds a person liable for any injury that happens to another due to their negligence. Under this principle, a defendant takes a victim as they see them, whether or not they were aware of the other’s existing health condition.
For example, let’s say there is a car accident involving two vehicles driven by persons A and B. If the accident was A’s fault and B suffered a fractured skull as a result, it is not relevant that B’s skull was already fragile due to a pre-existing condition. Person A cannot raise a defense that an average healthy person would not have suffered a fractured skull in the same circumstances.
The law expects everyone, especially road users, to take extra caution. When they don’t, they bear the consequences of their negligence, even if the victim is already fragile. As a result, perpetrators cannot use their victim’s pre-existing conditions as a defense to escape liability.
So, to answer the question, the eggshell principle applies in Oregon, and local courts have enforced it in several cases.
Sometimes, an insurance company may argue against paying compensation to a victim because it believes the person was already sick before the accident. This often arises when people try to pursue their personal liability claims themselves without proper guidance.
The first thing to do when this happens, or if you suspect that the insurance company may reject your claim, is to hire an attorney. An attorney is better equipped to pursue this type of claim on your behalf, but they cannot defend you if they do not know the whole situation.
So, after hiring an attorney, tell them everything about your health and the case. The defense will likely try to get your medical records, so make sure to give your attorney a heads-up so that they can prepare your case properly.
You would typically also have to present the following records to support your case:
Remember that you have two years from the accident date to file this application. Oregon laws mandate insurers to cover $15,000 or more in medicals and other bills related to the incident. So, do not be afraid to pursue a personal injury claim and ask for enough to cover your losses.
However, if the matter goes to court, be ready to prove that your injuries are severe enough to justify any amount you are requesting in your claim.
Your choice of attorney can make or mar your case since they are responsible for putting your case together and making any arguments in your favor. So, when choosing an attorney, go for one with reliable testimonials and a track record in winning personal injury cases relating to car accidents.
Most law firms allow you to book free consultations to discuss your case and assess if they are a good fit for your specific situation. Take advantage of these and vet all options before choosing the right attorney for your case.
