A person in an accident caused by another driver’s negligence has the right to compensation for any losses sustained as a result of that accident. For those who have pre-existing conditions, such as back injuries, proving that there is a new loss or that the pre-existing condition was worsened as a result of the accident is key.
How to Document Injuries Caused by the Crash
In a personal injury settlement for a motorcycle accident, you must prove one of two things:
- There are new injuries you did not have prior to the accident.
- The existing conditions you had were aggravated by the motorcycle accident.
Medical records can prove to be critical in demonstrating the changes from where your condition began to how the accident worsened them, as can photos of your injuries, a journal detailing your recovery, and testimony from friends and family who are familiar with how your symptoms affect your daily routine. In some cases, you may also need testimony from medical experts who can explain how the accident would have aggravated your pre-existing injuries.
To keep the company’s cost down, the insurance adjuster will try to argue that your new injuries—including your loss of function and pain—were brought on by previous conditions. You need to be prepared to show that this is simply not true if you want to avoid being left responsible for your accident-related expenses.
Why You Need a Motorcycle Accident in Nebraska to File Your Claim
The complexity of pre-existing conditions makes it essential to work with an experienced motorcycle accident attorney. Your attorney will use medical evidence along with other information to show that your losses directly relate to the new motorcycle accident. Your attorney will work with the insurance adjuster on your behalf and then defend you in a court of law if necessary.
The Law Office of Matthew A. Lathrop, PC, LLO can help you navigate this complex component of motorcycle injury law in Nebraska. To get started, schedule a free consultation with our attorney to discuss your case.