Pre-existing medical conditions such as back injuries can complicate personal injury claims
A car accident or accident at work can aggravate an old injury or can cause a latent problem to become an injury. These situation require a law firm to take the time to understand the client and their medical history and individual circumstances. Especially when you are thinking about, What Steps Should You Take if You Have Been Injured in a Car Accident? In this video Dominic Moss, senior partner here at Stonehewer Moss solicitors, briefly details the considerations when handling claims involving pre-existing injuries such as back problems.
I’m making a claim for a back injury but my solicitor tells me this has exacerbated a pre-existing condition. What does this mean?
I generally get clients coming in who obviously are concerned about who is going to pay the legal costs in the event that they want to make a claim. Most people have heard about no win no fee and we have a separate video about that. So, if you are interested in learning about no win no fee please visit the YouTube channel and see the video about it there.
But in respect to claims that win, and you want to look a bit more generally about who pays the legal costs. The situation is that if you do not win your claim many solicitors under a no win no fee agreement wont charge, and we certainly don’t. If you win your claim there will be a charge and there will potentially be a charge for some unrecovered disbursements that may have not been covered under the no win no fee agreement. So, it is always worth checking what your liability would be for any disbursements. Whether or not they are insured or indemnified so that they are not coming out of your damages unexpectedly at the end of the case.
Of course, if you win your claim the other side usually aren’t entitled to any of the cost, but there are circumstances when the other side, and by other side I mean the defendants, may be entitled to costs. It is worth just asking questions about whether or not you’ve got a liability for the defendants’ costs should you lose your claim or maybe not beat an offer that they have made to you.
So, it can be quite complicated, and it is difficult to deal with it in a short video, but I hope I have given you some idea of the questions that you should be asking. Certainly, if you want to ask me my name is Dominic Moss and you are welcome to give me a call any time, visit our website or there is more information, as I say, on our YouTube channel.