What if the Accident Aggravated a Pre-Existing Condition?
Those with pre-existing medical conditions often go through everyday life with more caution than able-bodied individuals. However, no one can foresee a random accident or prevent it from happening. Accidents happen every day, and when they occur due to the actions or inaction of another party, it’s normal to want to seek justice. If you’ve been further hurt by someone else, consult with skilled Myrtle Beach personal injury lawyers to understand how to pursue financial recovery.
Compensation You Can Request in Your South Carolina Personal Injury Case
Known for its 60-mile stretch of beach, extensive tourist attractions, nightlife, and thousands of residents who call it home, Myrtle Beach is an ideal place to live. However, regardless of its reputation, accidents and injuries to residents happen every day.
In South Carolina, the law follows an “eggshell plaintiff” rule, meaning that the responsible party has to take the victim as they find them. For instance, if a victim of an accident has chronic leg pain and the incident further injures them, the guilty party is still responsible for the damage, even though the victim already has a pre-existing health problem.
This rule helps ensure fairness during personal injury cases, as it’s unfair to assume every victim has a perfect bill of health at the time of the accident.
Proving Fault in a Myrtle Beach Personal Injury Case
To recover compensation for your injuries, you’ll need to prove that the other party was at fault for the incident. This is done by proving four elements to the court:
- That the responsible party had a legal obligation to act with care
- That the responsible party failed in their legal obligation. For example, if your existing physical disability was exacerbated by slipping in a grocery store aisle puddle, you’ll need evidence to prove that the grocery store owner failed to clean the puddle within a reasonable amount of time. This may include eyewitness accounts or security camera footage of the spill and subsequent accident.
- That the accident directly caused your injuries or aggravated your existing medical condition. Proof of this can include copies of any incident reports, your medical records and bills, and photos and videos taken at the time of the incident of the cause behind it and your visible injuries.
- That your injuries caused your financial and emotional harm. Proof of this can include testimony from your loved ones about your mental state since the incident, any debt you’ve accumulated from the accident, income you’ve lost, and more.
Consult With an Experienced Personal Injury Lawyer in Myrtle Beach Today
When facing legal pushback, having a Myrtle Beach personal injury attorney you can trust can make all the difference in the outcome of your case. At Kinon Law Firm, our team of strong legal advocates has dedicated their professional lives to making a real difference throughout Conway, Myrtle Beach, and the surrounding South Carolina areas. Contact us today by calling 843-488-9191 or through our online contact form. Our firm offers free consultations to new clients to discuss the details of their situation and start on a custom legal strategy.
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Car Accidents Catastrophic Injuries Personal Injury Slip and Fall Accidents Wrongful DeathRecent Posts
What if the Accident Aggravated a Pre-Existing Condition? How Long Does it Take for an Insurance Company to Pay a Claim? Can Out-of-State Drivers Be Sued in South Carolina? Can I Claim Emotional Distress After an Accident? Can I Sue if a Driver Ignored a Bike Lane?