In the realm of personal injury law, one of the complex challenges that attorneys often encounter is dealing with pre-existing injuries when handling car accident claims. Buffalo, NY, with its bustling traffic and diverse road conditions, is no exception. Navigating the legal landscape surrounding pre-existing injuries requires a deep understanding of the intricacies involved, and at Andrews, Bernstein & Maranto, PLLC, we focus on unraveling the complexities of such cases to ensure our clients receive the compensation they rightfully deserve.
Understanding Pre-existing Injuries in the Context of Car Accidents
When an individual has pre-existing injuries and is involved in a car accident, the legal ramifications can be intricate. Insurance companies may attempt to diminish the value of a claim by arguing that the injuries were pre-existing and not directly caused by the accident. However, New York law recognizes the concept of “eggshell plaintiff,” meaning that a person should be taken as they are at the time of the accident, irrespective of any pre-existing conditions.
Proving Causation and Exacerbation
To succeed in a car accident claim involving pre-existing injuries, it is crucial to establish causation. This involves demonstrating that the accident substantially contributed to the exacerbation or worsening of the pre-existing condition. Our experienced attorneys at Andrews, Bernstein & Maranto, PLLC, work diligently to gather evidence, consult medical experts, and build a compelling case that establishes the direct link between the accident and the exacerbation of pre-existing injuries.
The Importance of Timely Medical Attention
Prompt medical attention is not only crucial for your health but also plays a pivotal role in the success of your car accident claim. Seeking immediate medical care after an accident helps in documenting the injuries and their connection to the incident. Insurance companies often scrutinize the time gap between the accident and seeking medical attention, and a delay can be used against a claim. At Andrews, Bernstein & Maranto, PLLC, we emphasize the importance of seeking medical care promptly to strengthen your case.
Full Disclosure: A Legal Obligation
When pursuing a car accident claim with pre-existing injuries, honesty is key. It is imperative to fully disclose any pre-existing conditions to your attorney. Failure to disclose such information can not only jeopardize the success of your claim but may also have legal consequences. Our legal team is committed to creating an environment where clients feel comfortable sharing all relevant information, allowing us to build a robust case strategy from the outset.
The Role of Comparative Negligence in Buffalo, NY
Buffalo, NY, follows the rule of comparative negligence in personal injury cases, including car accidents. Comparative negligence considers the degree of fault attributed to each party involved. In cases with pre-existing injuries, determining the extent to which the accident aggravated those injuries becomes crucial. Our attorneys are well-versed in navigating the nuances of comparative negligence to ensure our clients receive fair compensation, even when pre-existing injuries are a factor.
Insurance Adjusters and Their Tactics
Insurance adjusters are trained to minimize payouts and protect the interests of the insurance company. When pre-existing injuries are present, adjusters may employ various tactics to downplay the impact of the accident on the claimant’s health. Having skilled legal representation from Andrews, Bernstein & Maranto, PLLC, can counteract these tactics, ensuring that your rights are protected, and you receive the compensation you deserve.
The Burden of Proof: A Legal Challenge
Successfully handling a car accident claim involving pre-existing injuries requires meeting the burden of proof. This involves presenting compelling evidence to convince the court or insurance company of the direct connection between the accident and the exacerbation of pre-existing injuries. Our legal team excels in meticulously gathering and presenting evidence, utilizing medical records, expert testimonies, and accident reconstruction if necessary.
Navigating the Legal Process in Buffalo, NY
Buffalo, NY, has its own set of rules and procedures when it comes to personal injury claims arising from car accidents. Understanding the local legal landscape is paramount to a successful outcome. Andrews, Bernstein & Maranto, PLLC, boasts a team of attorneys with a deep understanding of Buffalo’s legal intricacies, ensuring that your case is navigated with precision and experience.
Tailored Legal Strategies for Individual Cases
No two car accident cases are alike, especially when pre-existing injuries are involved. At Andrews, Bernstein & Maranto, PLLC, we take a personalized approach to every case. Our legal strategies are tailored to the specific circumstances of each client, considering not only the legal complexities but also the individual needs and concerns. This client-centric approach sets us apart in the legal landscape, fostering trust and confidence.
Educating Clients: Knowledge is Empowerment
Understanding the legal process is empowering for our clients. We believe in demystifying the legal complexities, providing our clients with the knowledge they need to make informed decisions. Our legal team takes the time to explain the intricacies of the case, the potential challenges, and the realistic expectations. Educated clients are better equipped to actively participate in their legal journey, and at Andrews, Bernstein & Maranto, PLLC, we value this partnership.
In the aftermath of a car accident involving pre-existing injuries, having the right legal representation can make all the difference. Andrews, Bernstein & Maranto, PLLC, is dedicated to championing the rights of our clients in Buffalo, NY. Our experienced attorneys have a proven track record of successfully handling complex car accident claims, including those involving pre-existing injuries.
If you or a loved one has been involved in a car accident with pre-existing injuries, don’t navigate the legal challenges alone. Contact Andrews, Bernstein & Maranto, PLLC, for a consultation. We are committed to providing personalized and effective legal representation, ensuring that you receive the compensation you deserve. Your rights matter, and we are here to protect them.