How Pre-Existing Conditions Can Hurt Your Personal Injury Claim

It is easy to assume that before an accident, the victim had perfect health, but that’s not always the case. The majority of people in all age groups deal with all sorts of health conditions at different intervals of their lives. These pre-existing conditions might be major or minor and might have an impact on a personal injury case. Even though you will not be able to claim any compensation for injuries or conditions sustained before the accident, you might be eligible for compensation if the accident made them worse.

Exacerbation of Pre-Existing Conditions  

To be fair, the victim in an accident cannot claim any compensation for injuries or conditions that were not affected by the accident. However, if any health conditions or injuries were made worse by the accident, the victim can claim further damages. Furthermore, this is not only limited to physical injuries, the victim may also claim any mental health conditions that were aggravated by the accident, such as anxiety or depression.

However, assessing an aggravation or exacerbation of a pre-existing condition is a complicated matter in any court of law, and you need a good personal injury lawyer who can fully use their knowledge of the law to prove your case for additional compensation. 

How Pre-Existing Issues Can Hurt Your Claim

Even though you might be able to claim compensation for a worsening medical condition, the first thing that an insurance company will try to accomplish is linking your pre-existing injury or condition to the cause of the accident. The basic reason they do this is to outright deny your claim or minimize the damages sustained. What you should always remember is that insurance companies always seek to increase their profits by evading any liability or responsibility. Which is why you should never try to hide any health condition that you already had before the incident from your own lawyer, even if you believe it was not impacted by the accident itself. 

Come Clean About Your Medical History

If you had any pre-existing medical condition, it is best that you put your entire medical bill before your attorney. Chances are that he will assess whether you have any claim for a worsening condition and how to unlink the condition to the cause of the accident in a rebuttal to the insurance companies’ claim. Furthermore, even in court, it will be much easier to establish that your medical condition was aggravated if you show them the prescription and bills beforehand.

As one of the conditions of bringing a claim in the legal system is to come to court “with clean hands.” A patient receiving regular treatment will have a much easier time of producing evidence based on their medical history compared to someone who hasn’t had an appointment with their doctors in years. In turn, the medical history will easily reveal if the injury or condition was worsened as a result of the accident. It is therefore suggested that you hide nothing when you reveal your medical history to your attorney, especially if you make a claim for personal injury.

The Eggshell Skull Rule 

An important concept in the field of law which most laymen have no knowledge about is the “eggshell skull rule,” which means that you have to take your victim as you found him or her. This rule applies to all personal injury claims and is more or less a universal rule. The rule clearly states that even if the defendant had no prior knowledge about the victim’s special pre-existing medical condition, he is still liable for all compensation and damages that are a result of his own negligent actions towards the victim.

Therefore, even if you are afraid that a pre-existing medical condition might hamper your chances of a successful personal injury claim, it is best that you reveal your pre-existing health condition to your attorney.

Concert Review: The Gaslight Anthem “Get Hurt Fall Tour” Town Ballroom, Buffalo, NY

“Get Hurt Fall Tour”
The Gaslight Anthem, Against Me! Twopointeight
Date: Wednesday, September 17th 2014
Venue: Town Ballroom, Buffalo, NY

Our Score: 4 out of 5 stars

The Gaslight Anthem brought their unique brand of rock to the intimate Town Ballroom in Buffalo, NY on September 17th where they performed to a sold out crowd. The New Jersey based band is currently out on the road in support of their new album titled “Get Hurt”. Also on the bill for the evening was Against Me! and Twopointeight. The night much like the venue was packed full of great music that electrified the audience from the very start.

As the venue quickly neared capacity for the nights sold out show the band Twopointeight promptly took the stage. Hailing from Stockholm, Sweden the 4 piece band played a mixture of punk infused rock that was two parts Bruce Springsteen and two parts Joe Strummer. Vocalist/guitarist Fredrik Georg Eriksson commanded the audience’s attention while he and his group blasted through a fast paced 20 minute set. Next up was Against Me! who continue their relentless line of touring in support of the groups “Transgender Dysphoria Blues” album. Though the bands set was only 45 minutes Laura Jane and the boys packed as much goodness as they could into that time frame. The set was a perfect mixture of new and old with the biggest applauses coming during songs like “I Was a Teenage Anarchist”, “Thrash Unreal” and “True Trans Soul Rebel”. Despite being on the road since January the group still sounded strong and appeared full of energy which the crowd seemed to really enjoy.

The Gaslight Anthem would take the stage to close out the night with an ambitious 2 hr set packed full of TGA classics along with tracks off the group’s newest album “Get Hurt” which was released in August. In between songs front man Brian Fallon playfully interacted with the capacity crowd which acted as the icing on cake. Set highlights included the upbeat “45”, “Helter Skeleton” and “Blue Dahlia”. The band closed out the night with a 4 song encore that included some of the group’s most popular tracks however noticeably missing was the bands cover of The Who classic “Baba O’Riley” which the band has been using recently to end the night. The band will be out on the road both in the States and in Europe through November so if you haven’t already made plans to catch one of the shows I strongly urge you to do so as you won’t want to miss out on a great night of music.

Against Me! Set List:
1.) Pints of Guinness Will Make You Strong
2.) Unconditional Love
3.) New Wave
4.) Walking is Still Honest
5.) Cliché Guevara
6.) FuckMyLife666
7.) Don’t Lose Touch
8.) I Was a Teenage Anarchist
9.) How Low
10.) Transgender Dysphoria Blues
11.) Thrash Unreal
12.) Black Me Out
13.) Paralytic States
14.) True Trans Soul Rebel

The Gaslight Anthem Set List:
1.) Stay Vicious
2.) Biloxi Parish
3.) 1,000 Years
4.) 45
5.) We Came to Dance
6.) Helter Skeleton
7.) Old Haunts
8.) Have Mercy
9.) Rollin’ and Tumblin’
10.) High Lonesome
11.) Underneath the Ground
12.) Howl
13.) Red Violins
14.) Even Cowgirls Get the Blues
15.) Blue Dahlia
16.) Get Hurt
17.) Great Expectations
18.) Mae
19.) Dark Places
Encore:
20.) 1930
21.) Handwritten
22.) Blue Jeans & White T-Shirts
23.) The ’59 Sound

“Sailcloth” starring Oscar nominee John Hurt, selected for 2012 Academy Short Film Award consideration

“Sailcloth” starring Oscar® nominee John Hurt, selected for 2012 Academy Short Film Award consideration
SAILCLOTH – starring world-renowned actor John Hurt – is a heartfelt story of an elderly gentleman who disappears from a nursing home. The 18-minute non-dialogue film, written and directed by Elfar Adalsteins, is already an award winning film having picked up the Grand Jury Prize for Best Short Film at the Rhode Island International Film Festival to a standing ovation. Subsequently, the film has gone on to get a recommendation for the 2012 Academy Short Film Awards.

Sailcloth shares the poignant story of an elderly widower, played by Hurt, as he sets in motion a series of events to hide his disappearance from a nursing home. After gathering necessities he heads to the local pier where a beloved companion awaits him – ready to take their last great journey.

John Hurt, one of the UK’s most legendary actors, stars in this emotional film portraying the widower with a natural ease that effortlessly pulls you into. Hurt, a two time Academy® Award Nominee, has won countless accolades during his extensive career, including three BAFTA’s and a Golden Globe.

This Oscar worthy film is written and directed by Elfar Adalsteins (www.elfaradalsteins.com) and produced by his company Berserk Films. Elfar’s began his career as a producer, working on feature films such as ‘Country Wedding’, the Oscar® longlisted ‘Mamma Gógó’ and ‘Black Rabbit Summer’ he developed in collaboration with Ruby Films. Elfar’s directorial feature film debut is currently in the final stages of development and is scheduled to move into production in 2012.

With John’s wonderful portrayal of the widower and Elfar’s expertly realized vision, it is no wonder that this emotional story of love and courage is causing such an Oscar Buzz.

 

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Ethan Hawke and William Hurt Lead “Moby Dick” Sails Onto Blu-ray And DVD October 4th

ETHAN HAWKE AND WILLIAM HURT LEAD ALL-STAR CAST IN NEW THRILLING ADAPTATION OF THE GREAT AMERICAN CLASSIC

MOBY DICK

Co-Starring Gillian Anderson And Donald Sutherland, The Timeless Epic Tale Sails Onto Blu-ray And DVD October 4

UNIVERSAL CITY, CA – With the famous words, “Call me Ishmael,” begins the spectacular adaptation of Herman Melville’s novel, considered the greatest work of American literature, MOBY DICK, arriving in brilliant Blu-ray and DVD October 4 from RHI Entertainment and Vivendi Entertainment. A two-part original miniseries event that premiered August 1 & 2 on Encore, the New York Times calls it “an ambitious, beautifully made adventure tale that seeks to be respectful of the book while still making the characters and story accessible to modern viewers,” and the Wall Street Journal adds, “there is much to marvel at in this production.”

Led by a “persuasive and compelling” (New York Times) performance from Academy Award® winner William Hurt (Children Of A Lesser God), the miniseries features powerful dramatic performances by a cast of celebrated actors including Golden Globe® winner Donald Sutherland (Citizen X), Academy Award® nominee Ethan Hawke (Daybreakers), Gillian Anderson (“The X-Files”), Eddie Marsan (Sherlock Holmes) and Billy Boyd (The Lord Of The Rings).

A psychological thriller of one man’s decent into madness, the story begins when inexperienced sailor Ishmael (Charlie Cox, Stardust) joins the crew of the whaling ship Pequod helmed by the mysterious and tortured Captain Ahab (Hurt). Though the journey at first appears to be a routine whaling quest, the crew soon is unwittingly forced to join Ahab in his singular purpose – to hunt and kill the enigmatic white whale, which nearly killed him years before. As they sail across the desolate ocean, Ahab’s obsession to seek the deadly whale they call Moby Dick, no matter the cost, soon proves fatal. Never straying from his quest to hunt and kill the monstrous whale, the crew realizes that their captain is so blinded by vengeance that he may soon lead them all to an ultimate peril.

From the rocky shores of Nantucket to the deepest depths of the Atlantic Ocean, enthralling special effects also highlight the two-part original miniseries that is “lavish, exciting, well-acted and admirably thorough” (Washington Post). The MOBY DICK Blu-ray will be available for the suggested retail price of $29.95, while the DVD will be available for the suggested retail price of $19.97.

Synopsis:
Ishmael sees his dream of a whaling voyage come true when he joins the crew of the Pequod, a sailing vessel leaving port in Nantucket. Unbeknownst to Ishmael and the mates, the Pequod’s megalomaniacal Captain Ahab is taking them all on a mad and personal mission to slay the great whale Moby Dick—an obsession that will open their eyes to the wonder and spectacle of man, of beast, and the inescapable nature of both in this epic retelling of Herman Melville’s masterpiece.

 

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