If you have preexisting conditions, you can experience complications on your personal injury claims in North Carolina. Insurance companies often use these conditions to lower your compensation. However, the “eggshell plaintiff” rule and intelligent strategies can protect your rights. Understanding how preexisting conditions impact your case is key to getting fair compensation. This knowledge helps you fight insurance tactics and pursue the compensation you deserve. Knowing your rights and the law’s protections can greatly impact the outcome of your case.
How does the “eggshell plaintiff” rule apply in North Carolina?
The “eggshell plaintiff” rule aims to protect injured parties with preexisting conditions. Under this rule, defendants must take plaintiffs as they find them. This means:
- You can recover damages even if your preexisting condition made you more susceptible to injury
- The defendant is responsible for any aggravation of your preexisting condition
- You are entitled to compensation for the full extent of your injuries, regardless of your prior health status
North Carolina courts have consistently upheld this principle and aim to protect anyone suffering from a personal injury despite having a preexisting condition.
How can you protect your claim from insurance company tactics?
Insurance companies often use preexisting conditions to lower your claim. However, you can strengthen your case by being proactive and honest about your medical history. You can protect yourself by:
- Telling your attorney about all preexisting conditions
- Having your medical records from before and after the injury
- Getting expert medical opinions on how the accident worsened your condition
- Keeping detailed notes on how your symptoms changed after the injury
Presenting a personal injury claim with preexisting conditions is tricky ,but legal support can help you through this complex process. An attorney can explain how North Carolina law affects your case, present medical evidence effectively, and negotiate with insurance companies. They can provide you with knowledge and experience in personal injury law and similar cases, protect your rights, and maximize your compensation.