If you’ve been involved in a Utah car accident and have pre-existing health conditions, it’s crucial to understand that you are still entitled to pursue compensation. Pre-existing injuries are not a barrier to a successful claim but must be managed carefully with expert testimony to establish their connection to the accident.
Common Types of Pre-Existing Injuries in Utah Car Accident Cases
Insurance defense attorneys often scrutinize the following areas for evidence of pre-existing injuries:
- Prior Car Accidents
Whether treated or untreated, injuries from previous accidents are commonly reviewed. - Hospitalizations
Any history of hospitalization may be examined for related injuries. - Sports Injuries
Old sports-related injuries can be contested as unrelated to the current accident. - Slip and Falls
Past falls can provide insurers with evidence to minimize claims. - Medical Records
Pre-existing injuries noted by prior medical providers will be a focus. - Workers’ Compensation Claims
Previous workplace injury claims can influence your case. - Insurance Bodily Injury Claims
Earlier insurance claims are a fertile ground for defenses.
How Insurance Defense Attorneys Use Pre-Existing Injury Claims
Defense attorneys meticulously examine your medical records obtained through subpoenas. The process includes:
- Initial Medical Disclosure Review
They compare pre-accident and post-accident records under Utah Rule of Civil Procedure 26. - Deposition Preparation
After reviewing your records, they’ll take your deposition to strategize their defense. - Offer Evaluation
Findings are reported back to the insurance adjuster to determine settlement offers.
Effectively Addressing Pre-Existing Injuries in Utah Car Accident Cases
1. Expert Medical Apportionment
Hiring an expert witness is crucial. Experts provide opinions on:
- Which injuries were caused directly by the accident.
- Which injuries were aggravated by the accident.
Without this testimony, your case risks dismissal via summary judgment.
2. Timing of Expert Witness Designation
- After Fact Discovery
Experts must be designated 14 days after fact discovery concludes. - Defense Options
The defense can choose between a deposition or a written report.
3. Early Expert Designation
In complex cases, designating experts before filing litigation can lead to an early settlement.
4. Cost of Expert Witnesses
Expert witness costs vary:
- Chiropractors are the most affordable.
- Orthopedic surgeons and neurosurgeons are pricier but provide specialized insights.
- Family practitioners and nurse practitioners offer cost-effective alternatives with limitations.
While settling without an expert is less expensive, it may result in lower compensation. Ensure your attorney has the resources to hire top-tier experts if needed.
Why Hiring the Right Attorney Matters
A skilled car accident lawyer like Jake Gunter not only understands the nuances of handling pre-existing injuries but also has the financial capability to hire the best experts. Without expert testimony, the defense may undervalue your claim or dismiss it entirely.
Contact Jake Gunter at (801) 373-6345 for a free consultation. His expertise can make all the difference in navigating the complexities of your Utah car accident case.
Frequently Asked Questions
1. Can I still get compensation if I have pre-existing injuries?
Yes, you can. Compensation is still possible if it’s proven that the accident aggravated your pre-existing injuries.
2. What role does an expert witness play in car accident cases?
Experts differentiate between new injuries and aggravated pre-existing injuries, helping establish causation.
3. Are expert witnesses expensive?
Yes, costs can range from a few hundred to thousands of dollars depending on the expert’s specialty and the scope of their testimony.
4. Is it better to settle without hiring an expert witness?
While settling without an expert reduces costs, it might undervalue your claim. Discuss options with your attorney.
5. How do defense attorneys use pre-existing injuries against me?
They analyze medical records and depositions to argue that your injuries were not caused or aggravated by the accident.
6. When should I hire a lawyer for a car accident involving pre-existing injuries?
Immediately. Early legal guidance ensures proper management of evidence, medical records, and expert designations.
For a free consultation and expert guidance, CALL/TXT Jake Gunter at (801) 373-6345 today!