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How a Pre-Existing Condition Can Impact a Car Accident Claim

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A lot of discussions about car accident claims begin with the assumption that victims were in a state of perfect health before the crash. But, the truth is that the majority of people deal with all kinds of health issues at different points in their lives. So, how can pre-existing conditions affect car accident claims and the victims’ possible compensation?

Generally, car accident victims are only entitled to compensation for injuries or conditions affected by a car accident. This is called exacerbation or pre-existing conditions and compensation may be for both physical ailments and mental health conditions such as depression and anxiety. A skilled auto accident attorney can help victims fight for the compensation they deserve if their car accidents have aggravated their pre-existing conditions. Read this article for more information.

In a car accident case, victims can expect to be asked questions from the other party about their previous injuries or health conditions. A lawyer can establish the degree to which the crash worsened any previous injuries or conditions a victim had before the crash. Meanwhile, an insurer will blame everything on a claimant’s pre-existing issue. 

A Pre-Existing Condition Should Not Discourage Victims

Victims who sustained injuries in a car accident must pursue compensation for the harm caused to them even if they have a pre-existing condition. Often, injured victims who get regular medical treatment for their pre-existing conditions can easily produce evidence of their medical history.

The amount of compensation a victim can receive for the exacerbation of their pre-existing condition depends on the seriousness of their condition and its impact on their life before the crash. Thus, it is important to present detailed medical records regarding a past condition. 

Insurance providers will usually try to browse through a victim’s medical history for potential evidence that would indicate has had minimal impacts on their health. Because of this, claimants must hire an attorney to represent them and review their medical history, including their pre-existing conditions, with them at the start of their accident case. A great lawyer has extensive experience and familiarity with local courts that could work for a victim. 

When a victim discusses their case and medical history with their lawyer, they must tell everything. They should allow their lawyer to decide how to handle any details that might complicate their claim. If they do not disclose their pre-existing condition, their credibility can be damaged, jeopardizing their accident claim and possibly exposing them to legal citation when the other party discovers the omission. 

Michelle has been a part of the journey ever since Bigtime Daily started. As a strong learner and passionate writer, she contributes her editing skills for the news agency. She also jots down intellectual pieces from categories such as science and health.

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Lifestyle

What “Reasonable Person” Standard Is Applicable When Determining Negligence?

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In order to determine negligence, the reasonable person test asks if a person’s actions are consistent with what would be anticipated of a generally careful and sensible person in the same situation. Stated otherwise, did the accused act in a way that would have been expected of a reasonable person? 

In Florida, determining who is legally liable for an accident depends critically on the issue of carelessness. The “reasonable person standard” is the foundation of this assessment. Your personal injury lawyer can explain the “reasonable person standard” and how it can apply to your case if you are hurt in an accident in Florida. 

The Reasonable Person Standard: What Is It?

Legally speaking, the reasonable person standard offers a yardstick by which someone’s actions are assessed in cases of negligence. “How would a reasonable person have acted under the same circumstances?” is the central question it poses. Jurors and judges are asked this question in order to assist them in determining whether a person’s acts (or inactions) fall short of the expected standard of care that a reasonably prudent person would follow.

Like in many other jurisdictions, Florida does not base its reasonable person criterion on what an especially cautious or risk-averse person would do. Rather, it represents the behaviors of a composite of what the community expects of each individual. A reasonable individual would, for example, observe traffic laws when driving, heed warning signs, and refrain from needlessly endangering other people.

Utilizing the Reasonable Person Standard to Determine Negligence

The activities of the parties involved in a personal injury lawsuit are rigorously examined in light of this reasonable person standard. If it is determined that an individual’s actions do not correspond with what a reasonable person would have done in the same situation, negligence has been proven.

According to the law, proof of someone’s negligence is insufficient; strong, convincing evidence is required. Your personal injury lawyer is essential to this procedure because they have to painstakingly gather evidence showing how the negligent party strayed from what a reasonable person would have done. Piecing together facts, testimony, and any footage or recordings that can definitively demonstrate that their activities were in violation of the recognized norms of safety and care is more important than simply focusing on what they did or did not do.

This proof could take the form of eyewitness statements that refute the version of events provided by the person at fault or security footage that captures the moment of negligence. Something as small as skipping a scheduled maintenance or ignoring a warning alert might have a big impact. Your personal injury attorney seeks to establish beyond a shadow of a doubt that the defendant’s acts were not just improper but directly caused others to be put in danger by providing a thorough picture of their negligence. 

How Does This Impact Your Case for Personal Injury?

In a personal injury case, knowing the reasonable person standard is essential. In the event of an accident, this standard might assist you in proving liability if you think the other person was careless.

You should be aware that your activities will be evaluated in comparison to the hypothetical reasonable person’s behavior in situations where you might be held culpable. It doesn’t matter what you meant or thought was appropriate; what matters is what the community would anticipate from someone in your situation.

Although navigating the complexities of the reasonable person standard might be challenging, Florida’s negligence law heavily relies on this standard. A fair appraisal of the facts is essential when seeking justice following an injury accident, and comprehending this criterion is crucial.

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