Almost everyone has an opinion regarding what to do when you are injured and those opinions increase in both numbers and absurdity when you have a pre-existing condition like arthritis or even osteoporosis. Opinions are one thing but what does the law say?
The courts in California have ruled time and again that a person who is injured and has a pre-existing injury cannot hold the responsible party liable for those pre-existing injuries. Looking at this with an unbiased eye most will see that this concept makes sense. How could it be someone else’s fault that you had Psoriatic Arthritis at the time of the accident and then make the responsible party pay for that? Not likely reasonable. On the other hand…
Imagine that you have Psoriatic Arthritis at the time of the injury and you have made the life altering changes and dietary changes to get your condition under control and become pain free and then you are in the accident that you are not responsible for? This scenario happens more frequently than most people imagine and this is something that deserves compensation. We hear defense attorneys argue that there was what is called a “pre existing condition” and that removes all responsibility from their client. Not so fast! This is why we are diligent, why we request records and why we really look at every piece of information available to us. Most often the arguments by a defense attorney are nothing more than a keen desire to avoid blame and save money.
We have even seen plaintiff’s attorneys that were unwilling to fight this denial of responsibility by a defense attorney. This is something that requires the experience to know the questions to ask, understand that law and the desire to look for answers that are not readily available. In other words, it requires an attorney focused on your outcome and performing every aspect of their job.
If you have been injured, even if you have a pre-existing condition like back pain, headaches or even Arthritis you owe it to yourself to call the Law Office of Guenard & Bozarth at 888-809-1075 or visit our web site at www.gblegal.com We have the experience and dedication to get the facts of your case and get you compensated for your injuries. We Can Help!