Imagine this scenario. You hurt your back at work years ago and have sought treatment from doctors and chiropractors. Now, you get into a car accident, and your back is worse than ever. What will this mean for your settlement? Is it going to be less because you had a preexisting condition?
That shouldn’t be the case, especially if the injury occurs in California. Here is a trick that insurance companies or lawyers try to pull along with the regulations that California has put in place to block it.
The “Eggshell Plaintiff” Approach
Eggshells are fragile and break easily. If you have a preexisting condition, the defense may claim you are an eggshell plaintiff. In other words, they argue your preexisting condition could be the real reason you got hurt or that you are just more prone to injury than others. Here’s an example.
Let’s say that you injured your neck skiing a few years ago. Now, you get whiplash in a car accident. The insurance company offers a lowball settlement claiming that you were already injured or that maybe you injure easily and that’s why your neck has been hurt multiple times.
California doesn’t allow this type of reasoning and has demonstrated this in previous rulings. Thus, a personal injury attorney can go to bat for you and remind the insurance company they can’t make claims based on preexisting conditions or the idea that certain people are just more susceptible to injury.
The San Diego Personal Injury Attorneys for You
Petrov Law Firm has the experience to help you maximize settlements or win your case in court if need be. Contact us today at 619.344.0360 to get your case started right away.Read More
You have been injured in an accident due to someone else’s fault or negligence. Now you see medical bills adding up. This can ruin you financially. What can you do about it? Here are some tips to help you seek the compensation that you deserve for your losses.
- Keep track of all medical bills related to the incident. If someone else was at fault, you might be able to receive compensation through their insurance.
- Don’t sign anything without a lawyer. You may be taking a settlement that won’t even cover your basic expenses. A personal injury attorney can help you understand what you actually deserve.
- Medical bills are not your only loss, so don’t settle for the exact amount of your healthcare costs alone. You may have missed time from work, experienced material loss, or endured additional pain and suffering that you should be compensated for.
- Remember that you can see any doctor you want. You don’t have to stick to in-network doctors to receive compensation. Get the best care you can.
- Be prepared to go to court. While the best option is to seek a settlement, some insurance companies can be unreasonable. In such situations, you may need to go to court to get the compensation you truly deserve. Fortunately, most insurance companies are reasonable once they see you have taken the step of hiring an attorney.
Trustworthy Personal Injury Lawyers in San Diego
To get your case started today, call 619.344.0360 and speak with a personal injury lawyer at Petrov Law Firm. We can help you to know the next step to take to receive the reimbursement you need and deserve.Read More
One of the places that personal injuries are likely to occur is in the workplace. If you did not receive the proper training or safety equipment from your company, they might need to compensate you for losses, including your medical bills and missed work. What are some of the jobs that lead to the most injury claims in California?
- Animal handling – Whether you work for a vet or walk the dogs of other people, you need to use extra caution because these are some of the highest risk jobs in the state.
- Private courier – From watchdogs to people receiving documents they are not happy about, being a private courier can come with its challenges.
- Wooden item assembly – Using power tools without the proper instruction or safety equipment can be extremely dangerous. Assembling wooden items comes with much greater risks than getting a splinter.
- Caregiving for the elderly – Whether it is in a nursing home or a private residence, caring for older ones can lead to many dangerous situations. In fact, caregivers are at a higher risk for on the job injury than any other part of the workforce in California.
Workplace Accidents and Compensation in California
If you have experienced an injury at one of these or any other type of job in southern California, then contact the personal injury attorneys at Petrov Law Firm. We have the experience that you want on your side and when trying to reach a settlement regarding employment injuries. Call 619.344.0360 to speak with an experienced lawyer today.Read More
If you are preparing for a personal injury suit, you may wonder how your pre-existing health problems may affect your case. For example, what if you were in a car accident and hurt your neck, but you’ve already been seeing a chiropractor for neck pain? Will that reduce the size of your settlement? It doesn’t have to! Here are a couple of helpful tips:
- Don’t hide your condition – If it is discovered (and it will be), that will definitely affect your case. You just have to reveal your pre-existing condition in the right way so that it helps your case instead of hindering it.
- Do compare your medical records – Your doctor can show that your condition has grown worse or that something new has developed since your injury. This will show that your current medical bills, missed work, and other losses are related to the accident and not your health condition.
- Do hire a personal injury attorney – An insurance company is going to try to use your condition as an excuse for a lowball settlement. Don’t sign anything without consulting an experienced attorney. Insurance companies rely on the fact that you will be tempted to take a quick handout and go away.
San Diego’s Personal Injury Law Experts
The more factors that can complicate your case, the more important a personal injury attorney becomes. Call Petrov Law Firm today at 619.344.0360 to set up a consultation. We can help you to prepare so that you receive the best settlement possible.Read More
A personal injury attorney can help you to reach a better settlement with a corporation or insurance company. However, you have to share the right information with your lawyer to help the case move along quickly and favorably for you. Here are some important questions to answer:
- How were you injured? – From dog attacks to motor vehicle accidents, people suffer injuries in all sorts of ways that entitle them to compensation. The cause of the injury is necessary in order to understand what information will be required to make your case.
- When did it happen? – There are also matters of statute of limitations to consider. Depending on how the injury occurred or even where it happened, you may have a different length of time to make your case. The smart thing to do is always to consult a lawyer right away.
- Was negligence involved? – Whether it was a car accident or a slip and fall, determining fault or negligence is a key to receiving compensation. If it was your mistake, you can’t expect someone else to payout (although in some cases, your insurance will cover your own injuries).
San Diego’s Premier Injury Attorneys
If you have been injured in southern California, contact the professionals at Petrov Law Firm to get the assistance you require. Just call 619.344.0360 to schedule a consultation with an experienced personal injury attorney. We can help you to learn if you have a valid cause for compensation and help you gather the needed evidence for your case.Read More