Understanding Pre-Existing Injuries and Why You Should Hire Garrick McFadden

Turo Accident lawyer

Car accidents can be life-altering events, causing significant physical, emotional, and financial stress. For individuals with pre-existing injuries, the aftermath of a car accident can be even more complicated. Insurance companies often use pre-existing conditions to minimize or deny claims, arguing that the injuries were not caused by the accident but were pre-existing. If you have been involved in a car accident and have pre-existing injuries, it is crucial to understand your rights and the importance of hiring an experienced attorney like Garrick McFadden, who runs the African-American-owned personal injury law firm, GAMESQ, PLC, in Phoenix, Arizona.

Turo Accident lawyer
Garrick McFadden is a Turo accident lawyer.

What Are Pre-Existing Injuries?

Pre-existing injuries refer to any medical conditions or injuries before the car accident. These can include chronic conditions like arthritis, degenerative disc disease, or previous injuries from past accidents. While these conditions may have been managed or dormant before the accident, the impact of a car crash can exacerbate them, leading to increased pain and suffering.

Common Pre-Existing Conditions Affected by Car Accidents

  1. Degenerative Disc Disease: This condition involves the deterioration of spinal discs, which can be aggravated by the force of a car accident.
  2. Arthritis: The inflammation of joints can worsen due to the trauma of a collision.
  3. Previous Fractures: Bones previously broken can be more susceptible to re-injury.
  4. Fibromyalgia: This chronic condition causes widespread pain, which can be intensified by an accident.
  5. Traumatic Brain Injuries (TBI): Previous head injuries can lead to more severe consequences if aggravated by a new accident.
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How Insurance Companies Use Pre-Existing Conditions Against You

Insurance companies are in the business of minimizing payouts. One of their common tactics is to argue that your injuries are not new but are instead related to pre-existing conditions. They may claim that the pain and suffering you are experiencing are due to your old injuries and not the result of the car accident. This argument is often used to reduce the compensation they must pay.

The Eggshell Plaintiff Doctrine

The “Eggshell Plaintiff” doctrine, also known as the “Eggshell Skull Rule,” is a legal principle that states that a defendant must take the plaintiff as they find them. This means that if a person has a pre-existing condition that makes them more susceptible to injury, the defendant is still fully responsible for all the harm caused by their actions. In the context of a car accident, this doctrine ensures that you can seek compensation for the aggravation of your pre-existing conditions.

Proving Aggravation of Pre-Existing Conditions

To successfully claim compensation for the aggravation of pre-existing conditions, it is essential to provide substantial evidence showing the link between the car accident and the worsening of your condition. Here are some steps to take:

  1. Seek Immediate Medical Attention: After the accident, see a doctor immediately. This creates a medical record that links your injuries to the accident.
  2. Be Honest About Your Medical History: Tell your doctor and attorney about all pre-existing conditions. Hiding this information can harm your credibility and your case.
  3. Document Your Symptoms: Keep a detailed record of your symptoms and how they have changed since the accident.
  4. Obtain Medical Records: Gather all medical records related to your pre-existing conditions and the new injuries. These records can help show the difference in your health before and after the accident.
  5. Consult Medical Experts: Your attorney may work with medical experts to provide testimony on how the accident aggravated your pre-existing conditions.

Why You Should Hire Garrick McFadden

Navigating the complexities of a personal injury claim involving pre-existing conditions requires expertise and experience. Here’s why you should hire Garrick McFadden and his black-owned law firm, GAMESQ, PLC:

  1. Extensive Experience: Garrick McFadden has years of experience handling personal injury cases, including those involving pre-existing conditions. His deep understanding of Arizona’s traffic laws and insurance regulations allows him to advocate for his clients effectively.
  2. Proven Track Record: Garrick has a proven track record of securing significant client settlements and verdicts. His dedication to justice has resulted in millions of dollars in compensation for accident victims and their families.
  3. Personalized Attention: At GAMESQ, PLC, you are not just another case. Garrick takes the time to understand your unique situation and provides personalized legal advice and representation. He is committed to ensuring that each client receives the attention and support they need throughout the legal process.
  4. Compassionate Representation: Garrick McFadden understands the profound impact a car accident can have on a family. He provides compassionate and empathetic representation, ensuring you feel supported and understood during this challenging time.
  5. Expert Negotiation Skills: Insurance companies often try to minimize payouts by arguing that your injuries are pre-existing. Garrick has the skills and experience to counter these arguments and negotiate effectively on your behalf.
  6. Trial Experience: While many personal injury cases are settled out of court, some may require litigation to achieve a fair outcome. Garrick McFadden is not afraid to take your case to trial if necessary. With extensive trial experience and a deep understanding of courtroom procedures, Garrick is well-equipped to present a compelling case before a judge and jury.
  7. Commitment to Justice: As an African-American attorney, Garrick McFadden is deeply committed to advocating for the rights of underserved communities. He understands the unique challenges African-Americans face in the legal system and is dedicated to ensuring that his clients receive fair and just treatment.
  8. No Upfront Costs: Garrick McFadden works on a contingency fee basis, meaning you do not pay any legal fees unless he wins your case. This arrangement ensures you can focus on your recovery without worrying about legal expenses.

If you have been involved in a car accident and have pre-existing injuries, it is crucial to seek legal representation to ensure that you receive the compensation you deserve. Insurance companies often use pre-existing conditions as a tactic to minimize or deny claims, but with the help of an experienced attorney like Garrick McFadden, you can navigate these challenges and secure a fair outcome. Garrick McFadden and his black-owned law firm, GAMESQ, PLC, are dedicated to providing exceptional legal representation for car accident victims in Phoenix, Arizona. Contact GAMESQ, PLC today for a free consultation and take the first step towards securing the justice and compensation you deserve.Phone: 623-233-4416