What Happens If I was Already Hurt Before My Accident?

One of the most common misconceptions following a car accident is the belief that a pre-existing condition—like a chronic bad back, a previous neck injury, or degenerative disc disease—disqualifies you from seeking a recovery. People often worry that because they weren’t “100% healthy“ before the crash, the insurance company can blame their current pain on the past.

 

In Utah, this is fundamentally incorrect. Thanks to a long-standing legal principle known as the “Eggshell Plaintiff“ Rule, the law protects victims who are more susceptible to injury due to their physical history. At Hernandez Injury Law, we believe that having a “bad back” shouldn’t make you an easy target for insurance adjusters.

What is the “Eggshell Plaintiff“ Rule?

The term comes from a classic legal metaphor: if a defendant negligently hits someone over the head. That person happens to have a skull as thin as an eggshell, the defendant is responsible for the resulting fractures—even if a “normal“ person wouldn’t have been hurt as badly.

 

In plain English, the law states that a negligent driver must take the victim as they find them. If a rear-end collision would have caused a minor strain in a healthy teenager but caused a catastrophic disc herniation in a 50-year-old with a history of back issues, the at-fault driver is still responsible for the full extent of that aggravated injury.

Aggravation vs. Correlation: The Utah Standard

Under Utah law, you cannot recover damages for a condition that existed before the accident and remained unchanged. However, you are absolutely entitled to compensation for the aggravation of that condition.

Insurance adjusters often try to use your medical history to “apportion“ fault. They might say, “You already had arthritis, so we’re only paying for 10% of this claim.“ However, if that arthritis was manageable or asymptomatic before the crash, and now requires surgery or daily medication, that “leap“ in pain and limitation is a compensable injury.

The Insurance Company’s Favorite Tactic

Because Roberto Hernandez spent years working in insurance defense, he knows precisely how adjusters comb through old medical records. They look for any mention of “back pain“ from five or ten years ago to argue that your current suffering is just a continuation of an old problem.

They rely on the hope that you will feel guilty or discouraged about your medical history. They want you to believe that because you were “fragile,“ the accident didn’t “cause“ the injury. The Eggshell Plaintiff rule exists specifically to stop this line of reasoning. The question isn’t whether you were healthy before; the question is, how much worse did the defendant’s negligence make your life?

How to Protect Your Claim if You Have a Pre-Existing Condition

If you have a history of injury and are involved in a new accident, how you handle your medical documentation is critical:

1. Be Transparent, Not Silent: Never hide a pre-existing condition from your doctors or your attorney. If the insurance company “discovers“ an old injury you didn’t mention, they will use it to attack your credibility.
2. Highlight the “Before and After”: Focus on your functional abilities. Perhaps you had a bad back, but you were still able to work, hike, or play with your kids. If you can no longer do those things after the crash, that is clear evidence of aggravation.
3. Medical Expert Testimony: In these cases, we often work with medical experts to testify about how the trauma of the crash interacted with your specific physiology.

Contextual Resource for Utah Drivers

Understanding your rights in a complex “No-Fault“ state is the first step toward a fair recovery. For more information on how Utah handles these unique insurance situations, you can visit the Utah Insurance Department’s guide to auto insurance and claims.

You Deserve Justice, Regardless of Your History

Your physical vulnerability should not be a “get out of jail free“ card for a negligent driver. If a crash has turned a manageable ache into a life-altering injury, the law is on your side.

 

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Recent Posts

The post What Happens If I was Already Hurt Before My Accident? appeared first on The Law Offices of Roberto Hernandez, PLLC..

Here are some statistics that about how dangerous parking lot accidents can be:

• Every year there are over 60,000 injuries and 500 deaths in the United States due to car accidents in parking lots and garages.
• Nearly one in five car accidents happen in a parking lot or garage.
• Parking lot accidents are most likely to happen between 3 p.m. and 6 p.m. when people are communiting to home from work or school.

So why are parking lot accidents so dangerous? There are a few reasons:

• There are a lot of pedestrians in parking lots, and cars often have to back up or turn around, making it easy to hit someone.
• Parking lots are often full of obstacles like shopping carts, garbage cans, and other vehicles, making it difficult to see people or things in your path.
• People tend to drive more quickly in parking lots than on streets or highways, which increases the risk of an accident.
• People choose to drive distracted. It is important to never be on your phone while driving. Many times people try to argue that they were trying to route GPS. There is no excuse for using your GPS while driving; routing where you need to go should be done while your car is parked and turned off. 
• People only do one check before backing out or moving in a parking lot. It is too common for people to glance from one angle and decide it is safe. Always check multiple times while backing up, making turns, or proceeding in a parking lot to ensure someone is not behind or near your car.
• Drivers trust backup cameras and sensors. Although these are tools to help detect something if you cannot see it, it is still your responsibility to check your surroundings, and you should never solely rely on these pieces of technology.

When involved in a parking lot accident, there are a few things you should do:

• Call the police. Even if the damage seems minor, it’s important to have an official report on file.
• Exchange information with the other driver, including insurance information.
• Take photos of the damage to both vehicles.
• Get the contact information of any witnesses.
• See a doctor, even if you don’t think you’re injured. Some injuries, like whiplash, can take days or weeks to appear.

If you’re injured in a parking lot accident that wasn’t your fault, you may be entitled to compensation for your medical bills, lost wages, and pain and suffering. An experienced personal injury lawyer can help you understand your rights and fight for the compensation you deserve.

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First, it is important to get medical help if you need it. Even if you feel fine, it is always best to get checked out by a doctor. If you have any serious injuries, be sure to get them treated as soon as possible.

Next, you will want to contact your insurance company and start the claims process. This can be daunting, but it is important to do it as soon as possible. The sooner you start, the sooner you can get your life back to normal.

Taking some time for yourself after a car accident is also important. This can be a very stressful time, and it is important to give yourself time to heal. Take some time off work if you can, and spend time with loved ones. Relax and recharge, and you will be ready to face the world again in no time.

Physical Recovery:

As stated above, seeking medical attention is crucial, even if you feel fine. Often adrenaline can mask pain and injuries sustained in an accident. A doctor will properly assess your condition and rule out any serious injuries. Once you have been cleared by a medical professional, follow their instructions for care. This may include rest, ice, heat, physical therapy, or other treatments.

If you have injuries requiring more extensive treatment, follow your treatment plan and be patient. It can be difficult to be sidelined by an injury, but giving your body the time it needs to heal properly is important.

Medical attention is also important because it documents your injuries. Do not skip seeking medical attention.

Emotional Recovery:

The emotional fallout from a car accident can be just as debilitating as physical injuries. It is not uncommon to experience symptoms of PTSD or anxiety after an accident. If you are struggling emotionally, reach out for help from a therapist or counselor. Talking about your experience can help you process what happened and start to move on.

In addition, you can take some practical steps to make a recovery easier. Make sure you exchange insurance information with the other driver involved in the accident. If you or a witness can, take photos of the damage to both vehicles. Keep a detailed record of any medical appointments, treatments, and expenses related to the accident. This will be helpful if you need to file an insurance claim or personal injury lawsuit.

Sadly, most people will experience some form of car accident in their lifetime- whether it is a fender bender or a major collision. No matter the accident’s severity, it can be a traumatic and overwhelming experience. Knowing the steps, you need to take to recover physically and emotionally from a car accident is important. If you are a victim of a car accident, contact us. 

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Distracted Students

Many students (roughly 80%) in middle and high school engage in unsafe street-crossing behavior, such as wearing headphones and hoodies, talking to their friends, or just looking down at their phones. Distracted crossing of roads is a key factor in many pedestrian injuries.

Unsafe Drivers

Nearly one in three drivers are spotted making unsafe maneuvers to drop off or pick up students. We have also noticed that about one in ten drivers arrives/pull up to the school distracted by their mobile devices.

Inexperienced Drivers

School zones contain many high school students with newly acquired licenses. This can be a major risk factor for school zone collisions as about 55 percent of school zone accidents in the U.S. occur when a teenager is behind the wheel.

School Zone Speed Limit

Speed limits in school zones are usually reduced during specific hours only. Some drivers do not pay attention to these changes in speed limit resulting in unintentional speeding in school zones that put other drivers and students at risk of injury.

Lack of Sidewalks and Traffic Control

In rural school zones, it is common for them to not have any sidewalks. In fact, over a quarter of high schools lack the proper amount of pedestrian crossing assistance such as traffic lights or pedestrian crosswalk signals. These devices have been tested and the results show over a 15 percent decrease in pedestrian collisions.

With the school year coming to a close, our expert attorneys are trying their best to educate people for the next one to come. If you are fully aware of the aforementioned reasons for school zone collisions, you may be able to prevent an accident throughout the next school year. The roads have become a more dangerous place in this post-pandemic world and children should not be paying for our irresponsibilities.

If you or a loved one has been injured in a school zone accident and have sustained significant injuries, contact our lawyers at The Law Firm of Roberto Hernandez to get the best legal representation in the state of Utah. Call today to receive a free consultation on your case, as we are here ready to fight for you so you can focus on fully recovering before next term.

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What Insurance Companies May Look For

Perhaps you have seen movies or television shows where insurance companies or opposing counsel hire investigators. These people are given the task of determining if the victim of an accident is faking or exaggerating their injuries. This doesn’t just happen on TV, and social media is usually the first place these investigators will begin digging. Below are some items that will be on the look to find on your profiles.

Pictures Taken Out of Context

Let’s say, for example, you post a picture of yourself enjoying a family barbeque. Maybe even a simple picture of you smiling or quickly standing up can be incriminating. They say a picture can say 1,000 words but remember not all of those words are taken within the content. Maybe the photo makes it look like you are standing when you are not. Or perhaps what appears to be a smile are you wincing in pain. Insurance companies won’t always give you the benefit of the doubt, so stay on top of what photos of you are online while your case is active.

Updates Where you Admit Fault

Once family and friends find out you have been in an accident, their first question is usually, “what happened?” The question and your answer are almost always innocent, but your response can hurt your injury case. Take, for example, posting a picture of your totaled car after an accident.
Someone replies on the picture saying, “wow, I’m so sorry, are you Ok? What happened?” To save time and answer more than one person at a time, you provide a status update detailing your recollection of what happened during the accident. Even if you feel the other party is entirely at Fault, how you write your response may not make that apparent. Any doubt or admittance can hurt your case in the future.

Take Time to Talk About It

Your injury attorney can also help provide guidance on best practices for social media while you are injured. It doesn’t hurt to bring it up the next time you speak with a legal professional. This is especially important if you are active on social media, an influencer, or someone continuously scrolling Facebook, Twitter, and Instagram for fun.
Take a minute to explain to family and friends your situation. Ask them to please keep these matters private and not over-share online.

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If you or a loved one has been injured in a bicycle accident after dark due to the negligence of others, contact an expert bicycle accident lawyer at Utah Personal Injury Attorneys. We offer free legal consultations when you call today. We also work on a contingency basis, which means there are no legal fees until your claim is resolved and you get the compensation you deserve.

 Below are some ways to learn to protect yourself best while riding a bicycle after dark in Utah.

Stay Visible

Please stick to the same route you take, as it’s important not to venture through unfamiliar roads at night. Please have a good understanding of your path’s terrain, as it can help you maneuver safely throughout your ride.

It’s imperative to always think about your safety while you are riding around at night. If you’re riding in well-lit areas, it increases your chances of being spotted, but this is not always the case. However, keeping an eye on what’s going on around you helps you stay on your toes and make any maneuvers possible to keep you safe. 

Avoid driving around in areas that are known for speeding, drunk driving, and high crime. 

Abide By The Law 

Expert bicycle riders suggest that you stick within the bicycle lanes whenever possible, riding in the direction of traffic. Avoid highways and refrain from drugs and alcohol when you are riding. 

All traffic laws are designed to protect you as well as others. Should you neglect to follow the law while riding your bike at night, it may lead to accidents, tickets, and more. 

Reflective Gear 

It has been proven that just adding reflective strips to your pedals is helpful to aid other vehicles in spotting you. As you are peddling your bicycle, these reflectors spin in such a manner that they can easily catch a motorist’s attention. Also, please invest in adding front and backlights. A reflective vest can add to your visibility; however, it is optional. 

Be Prepared At All Times

Imagine your chain becomes dislodged during your night ride. So, it is crucial to make sure that your bicycle has always received proper maintenance before you depart. In order to avoid having to fix something in the dark, try adding extra parts to your bicycle as a “fail-safe” plan. If you do this, throw in a few extra tools, backup parts, spare tires, lights, and maybe a new chain.

Buddy System

There truly is safety in numbers — so try to take your night rides with a group of friends. You all can help each other if there’s a mechanical issue. Also, riding a bicycle in a group increases the odds of other vehicle drivers seeing you. 

Contact Utah Personal Injury Attorneys Today

At Utah Personal Injury Attorneys, we know that a bicycle accident can happen even if you’re entirely prepared for a nighttime ride. So, if you or a loved one has suffered an injury due to negligence while driving your bicycle, we can help you get the compensation you deserve so that you can focus on recovery.

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A motorcycle offers a unique way to explore the road. One that has been celebrated in almost all American storytelling. However, this thrilling ride can come with its dangers. Motorcyclists are vulnerable to various accidents. To highlight the importance of safe motorcycle riding, we have compiled a list of the most common causes of motorcycle accidents.

Low Visibility

Motorcycles are smaller than cars in build; they usually don’t get the same consideration on the road. Driving on the highway especially means having to navigate a space that’s mainly designed for full-size vehicles. Most cars are not looking out for motorcycles in the same way they would for other traffic. You can counteract this by being mindful and proactive when navigating around cars. When in doubt, assume other drivers can’t see you and drive defensively.

Dangerous Turn

Left-hand turns are notorious for causing accidents, with almost 40% of accidents involving a left turn. Whether the vehicle turns into an oncoming motorcycle or swipes into one that’s trying to pass, the results can be fatal. For the majority of cases, the left-turning vehicle is at fault for the accident.

Reckless Driving

Motorcycles are not the only vehicles in danger of other negligent, distracted, drunk, or impaired drivers. However, they are uniquely vulnerable to them. Motorcycles are already less visible than other vehicles to other motorists. In being so, they already increase their risk to distracted of impaired drivers.

Reckless operation of motorcycles can also pose a danger to motorists. We know it can be hard to suppress the adrenaline of blasting off on a high-end motorcycle. However, this is no reason to go crazy on the road, as you’re giving other vehicles even less time to react to a potential collision.

Driving Conditions

In Utah, we are all familiar with less than optimal driving conditions, to say the least. It can cause a significantly higher margin for something to go wrong during your casual ride. Be mindful of the condition of the road and your vehicle at all times, it would be a shame for you to sustain severe or even fatal injuries due to some ice. Also, maintaining your motorcycle to its proper efficiency can rule out mechanical issues from arising. The last thing you want is to be severely injured because your brake system failed at the wrong time. 

Getting injured in a motorcycle accident can lead to a long road to recovery. Since most motorcycle accidents are often severe, recovery can leave a nasty pile of hospital bills. That’s why we’re here to provide experienced motorcycle accident attorneys to help you get the compensation you truly deserve. Contact us online or call our office during regular office hours to see how our expert attorneys can help your case.

The post What Are Common Causes of Motorcycle Accidents? appeared first on The Law Offices of Roberto Hernandez, PLLC..

The symptoms associated with whiplash, according to the professionals at John Hopkins University, can include neck pain and stiffness that may radiate to your shoulders or arms; tingling in your arms or fingers; low back pain; dizziness; blurry vision; ringing in your ears; and issues with concentration or memory. Whiplash is an injury to your neck caused by the forced motion of your head going back and forth at an accelerated and decelerated rate. While is whiplash may be caused by a sports injury or a fall, most notably whiplash is attributable to rear-end accidents. Whiplash is often undiagnosed and misunderstood or downplayed.

Whiplash is diagnosed by several methods, most commonly an x-ray, MRI, or CT scan. If you are diagnosed with whiplash your health care provider may order you to undergo physical therapy, wear a cervical collar, apply ice, take muscle relaxers or anti-inflammatory medication.

Typically, symptoms of whiplash tend or resolve or decrease within several weeks or months after your accident. In some cases, however, pain and symptoms may persist well after that. It is crucial to obtain medical treatment from a health care provider who is well versed with symptoms and issues relating to car accidents, including whiplash.

Call our office today to discuss your questions or concerns relating to your car accident, including whiplash. While we would never advise or direct medical care we certainly understand and have vast experience with the legal aspects that surround whiplash injuries.

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At the end of the day, you CAN still seek compensation as long as your own negligence does not exceed that of the other party. However, your share of fault does impact the amount you are entitled to receive as compensation. The only real way you can assess the value of your claim is to consult a Utah personal injury attorney. 

Benefits of Speaking with an Attorney

An attorney will review all factors involved in your case and give you an estimate. It’s important to know that personal injury claims cover a lot more than just medical expenses and property damage. There are compensations for pain and suffering, loss of income, disability adjustment, and much more. Once your case has been valued, the percentage of your part at fault is deducted. 

This is much better than nothing. Just keep in mind that you can also influence what percentage of fault you end up having. By saying the wrong thing to an insurance adjuster, you can increase your percentage of fault. Do not fear though, all you have to do is work with an experienced Utah personal injury attorney. That way you have someone on your corner making sure you get the most compensation you can and protect yourself from those pesky insurance adjusters.

Do not waste precious time pondering your own percentage of fault, or even the value of your case. Let us help you! Call our offices and schedule a consultation. Our attorneys will review your case and explain to you all your options and answer any questions you may have. 

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