Factors That Affect Your Injury Case
If you are hoping to file a personal injury case, you may have some questions and worries. Our Tampa attorney discusses the factors that affect your injury case in the following blog.
Factors That Affect Your Injury Case | Pre-Existing Conditions
As an experienced Tampa Personal Injury Lawyer I am often asked about pre-existing conditions. Pre-existing conditions can impact your personal injury case. We call that the eggshell plaintiff. If you are injured and those injuries are made no worse, then you probably don’t have an injury claim, but in most cases, pre-existing injuries can be made much worse and permanently worse so that you could recover for an exacerbation of your pre-existing injury.
Factors That Affect Your Injury Case | Immediate Medical Care
As an experienced Tampa Personal Injury Attorney I am often asked if one can sue for damages if they didn’t receive medical care immediately following their incident. A claimant can pursue a cause of action, either informal as a claim or in litigation, even if you don’t seek medical attention right away. Most people try to see if they’re going to recover from their injuries without seeking medical attention. I think insurance adjusters, defendants, and especially juries understand that reasonable people don’t always seek medical attention right away.
Factors That Affect Your Injury Case | What Happens During the Discovery Phase
As an experienced Tampa Personal Injury Attorney I am often asked about the discovery phase of the case. I think there are actually two discovery phases because when you initially retain or see a personal injury lawyer, that lawyer should gather information in order to be well prepared for your claim. At Morgenstern & Herd, after we complete a discovery phase and evaluation when we take your case – we’ll give the insurance company and the defendant an opportunity to resolve the case without filing suit. Once formal suit is filed – and that’s what most people refer to when they talk about the discovery phase of a litigation case – then formal questions are served, and you provide answers. We help you formulate the answers. We provide those to the other side. They can ask us for documents; we ask them for documents. Once that paper discovery is exchanged, then depositions are taken where you’re sworn in as a witness and you provide sworn testimony, and that’s the discovery phase of litigation.
If you have any further questions about these factors that affect your injury case, please call our Tampa personal injury lawyers today for a free consultation.