If you or someone you care about has been in a bicycle accident in Buffalo, NY, we know this is a tough time. Injuries can bring confusion and stress. Many questions arise, especially around insurance, medical bills, and legal matters. It may feel like everything is stacked against you, especially with a pre-existing injury. You don’t have to face this alone. Our team is here to support you in seeking the best outcome for your case.
When someone with a pre-existing injury is in an accident, it adds complexity. Knowing how prior injuries affect a bicycle accident claim is crucial. Having an experienced legal team can guide you through this process. We understand these cases and can help you build a solid claim for compensation. Below, we discuss how pre-existing injuries impact claims and steps to strengthen your case.
What Are Pre-Existing Injuries and How Do They Affect a Claim
Pre-existing injuries are any injuries you had before the bicycle accident. This includes past surgeries, chronic conditions, or injuries from earlier accidents. When you have a new accident, the old injuries may interact with the new ones. Sometimes, the new injuries can worsen your pre-existing conditions or lead to new problems.
Insurance companies might argue your damages are due to pre-existing injuries, not the new accident. They may downplay your claim by saying the injury was just aggravated, not caused by the crash. This can be frustrating, but it’s vital to remember that the law allows for compensation for both new injuries and any worsening of existing conditions from the accident.
How the Law Handles Pre-Existing Injuries in Bicycle Accident Claims
In New York, you can still seek compensation for your injuries, even with a pre-existing condition. However, proving that the accident worsened your condition can be tough. The defendant and their insurer will likely argue that your injury has nothing to do with the accident or that your prior injury is the main cause of your symptoms.
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A key concept is the “eggshell plaintiff” rule. This rule states a defendant is liable for all injuries caused, even if the injured person was more vulnerable due to a prior condition. For instance, if you had a previous back injury and the bicycle accident made it worse, the defendant could still be fully responsible. The law does not let them escape accountability because of your pre-existing injury.
However, this rule doesn’t mean every claim with pre-existing injuries will succeed. You still need strong evidence linking the accident to the worsening of your condition. This is where an experienced attorney is essential.
Challenges in Proving Pre-Existing Injuries Were Aggravated
Proving that a bicycle accident worsened pre-existing injuries can be challenging. One major hurdle is obtaining medical evidence. You’ll need documentation from healthcare providers showing how the accident caused additional harm or aggravated your prior injury.
Often, expert testimony is needed to explain how the accident impacted your condition and the extent of the damage. This testimony is crucial for your claim’s success. You may also need medical records from before and after the accident to illustrate how your condition changed.
Richard Nicotra represented my husband for a motorcycle case. His professionalism and empathy during the case was exceptional. The professionalism Displayed by the firm and staff was truly appreciated.. I highly recommend Richard and his practice for any of your needs.” - Lisa Isenberg I used Andrew Connelly after I was in a car accident, and he has been my go-to for over 10 years when anyone has asked for a recommendation for a no-fault attorney. His knowledge, patience, and professionalism go a long way in making an often difficult and challenging situation easier. He is reliable, and someone you can trust to get the job done right. The 5 stars are well deserved." - Andrea Mccarthy Rick Nicotra from the Nicotra Law Firm PC is a very honest, knowledgeable, and genuinely caring attorney. Furthermore, he is very personable and always available for you whether it be a text, email, or phone call. Rick and his team are exceptional. They treat you like family and are second to none. I would recommend Rick Nicotra and his team from The Nicotra Law Firm PC." - Chad
How Insurance Companies May Try to Defend Against Your Claim
Insurance companies aim to minimize payouts. When it comes to pre-existing injuries, they may argue your current condition isn’t linked to the accident or that it’s just a flare-up of an old issue. They might also claim the accident didn’t worsen your injury to the level you’re claiming.
To combat this, insurers may request your entire medical history and closely examine prior injuries. They’ll likely argue that your condition was deteriorating before the accident. This is why legal representation is crucial. Your lawyer can help ensure your pre-existing injury is viewed in the right context and that your case isn’t unfairly dismissed due to past health problems.
Why Having a Lawyer Can Make a Difference in Your Case
Handling a bicycle accident claim involving pre-existing injuries requires a good grasp of the law and the ability to present a strong case to insurers or in court. While you can represent yourself, it’s often better to work with a personal injury attorney experienced in these matters.
An experienced lawyer can help gather the right medical evidence, secure expert testimony, and push back against the insurance company’s efforts to downplay your claim. They will also ensure all your injuries, both new and pre-existing, are considered when calculating damages. This can significantly impact the compensation you receive. At the Nicotra Law Firm, PC, we understand the difficulties in bicycle accident cases, especially with pre-existing injuries. We are ready to support you and guide you through each step of the legal process. Our team is dedicated to protecting your rights and fighting for the compensation you deserve.
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The Role of Medical Documentation in Strengthening Your Case
As we discussed, medical documentation is crucial for cases with pre-existing injuries. Detailed records from before and after the accident show how your condition has changed. For those with prior injuries, it’s vital to share your full medical history. This includes the severity of past conditions, treatments received, and management before the accident.
Medical evidence helps prove that the bicycle accident worsened your injury. For instance, if you had a shoulder injury and the accident caused more pain or limited your motion, your doctor’s notes and test results will support your claim. Sometimes, a medical expert may review your records and testify about the accident’s impact on your pre-existing injury.
It’s also important to document any new treatments you pursue due to the accident. This can include physical therapy, surgeries, or other interventions aimed at reducing pain or complications. This evidence strengthens your case by showing the link between the accident and your ongoing injuries.
The Importance of Not Settling Too Quickly
After a bicycle accident with a pre-existing injury, you might feel pressured to settle quickly. This is especially true if you’re facing medical bills and want to move on. However, settling too soon could mean you won’t receive full compensation for both new and existing injuries.
Insurance companies often propose early settlements, especially if they see your case as weak due to the pre-existing condition. Remember, accepting a settlement forfeits your right to seek more money later, even if new issues arise. Therefore, consulting a skilled attorney before agreeing to any offer is crucial. A lawyer can help you assess the long-term effects of your injury and the true value of your case. In situations with pre-existing injuries, the accident’s long-term impact may not be clear right away. Having an attorney who anticipates future complications is key to ensuring you are fairly compensated.
Negotiating with Insurance Companies
In personal injury cases, including bicycle accidents with pre-existing injuries, the insurance company plays a big role. They may try to minimize payouts by arguing that your current condition isn’t due to the accident or that your prior injuries are the main cause of your pain. Adjusters look for ways to reduce their financial responsibility, often using your pre-existing condition to deny or undervalue your claim.
A knowledgeable attorney can handle these negotiations effectively. At Nicotra Law Firm, PC, we understand insurance tactics and know how to counter them. Our team ensures your pre-existing injury is fairly considered, and that you aren’t shortchanged. We will negotiate carefully to include all aspects of your injury when determining the value of your claim.
Going to Trial: What to Expect
If your case doesn’t settle, the next step may be going to trial. Not all cases reach this point, but it’s important to be prepared. Trials can be complicated for cases with pre-existing injuries. The defense may argue that your current injuries are unrelated to the accident.
Having an attorney who can present complex medical evidence is vital. If you go to trial, we will work hard to present your case well. This includes gathering medical records, obtaining expert testimony, and providing documentation to prove the accident caused additional harm or worsened your prior injury. In court, we will fight for the compensation you deserve. Whether it’s for medical bills, lost wages, pain and suffering, or other damages, we will ensure your case is heard fairly.
The Importance of Emotional Support During the Process
A legal battle, especially with pre-existing injuries, can be emotionally draining. You may face physical pain, stress, and financial strain. We understand these challenges and are here to provide more than just legal support. Our team is dedicated to offering emotional support and reassurance during this tough time.
At Nicotra Law Firm, PC, we pride ourselves on our empathy and understanding. Every client’s situation is unique, and we commit to providing personalized support throughout the process. From your initial consultation to case resolution, we will be by your side, guiding you, answering questions, and helping you navigate obstacles.
We Are Here to Help You Get the Compensation You Deserve
If you’re facing the impact of pre-existing injuries after a bicycle accident in Buffalo, NY, you may feel overwhelmed. You don’t have to face this process alone. Our team at Nicotra Law Firm, PC, is here to help you pursue the compensation you deserve. We will work tirelessly to present the strongest case possible, whether negotiating with insurance companies, preparing for trial, or offering the support you need. If you’re ready to discuss your case and get legal help, contact us today. Let’s work together to ensure you receive fair compensation for your bicycle accident, while properly considering your pre-existing injuries. We’re here to help you take the next step in your recovery and get the justice you deserve.