Articles Tagged with personal injury claim

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medical_exam-300x199If you are filing a personal injury claim, be aware that your medical history may have an impact on the outcome of your claim. Having a prior injury similar to the injury for which you are filing a claim might give the defense an opportunity to try to discredit or reduce your settlement. Speak to a personal injury attorney to discuss your case and to start gathering the medical evidence necessary to prove your accident-related injuries.

Having a Prior Injury Doesn’t Automatically Nullify Your Case

Having a prior injury does not mean you cannot win your claim. You will just need to prove that your injury is related to your accident, or that your accident aggravated a previous injury. Your lawyer can help you accomplish this by gathering medical evidence to support your case and speaking with medical experts.

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Personal injury lawyer signs up a new injured client.
If you suffered serious injuries and sustained a lot of damages in an accident such as a car wreck, winning your personal injury claim can make or break your future. Therefore, it’s of utmost importance to take care when pursuing your claim. Get professional legal advice and follow all legal procedures carefully to avoid wrecking your case.

Below are five ways you can benefit your personal injury case and increase your chances of winning and getting the settlement you need.

#1: Collect Every Shred of Evidence

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Five fitness trackers with different interfaces and colorsIn a recent personal injury case in Calgary, Alberta, Canada the victim’s attorney used Fitbit data to support her claim. Prior to her accident, she was a fitness trainer who exercised on a regular basis. After her accident, her injuries limited her activity to a much lower level; her attorneys say that the victim’s Fitbit data will substantiate this.

Fitbit and other wearable electronics that record movement and exercise data may be admissible in court as evidence to show changes in victims’ activity levels post-injury. This may be of great benefit for victims who have lost the capability to work out, walk or move around in the same capacity as they were once able.

Evolving Rules for Wearables as Evidence

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10142014A Texas jury recently released a verdict for a 2010 case of a 9-year-old boy who suffered serious injuries at Pump It Up, an indoor inflatable playground. The Thundyil family was awarded $1.3 million in damages for their son’s injuries that occurred at the Pump It Up located at 536 Sawdust Road near the Woodlands.

According to Kimberly Thundyil, her son was sitting on part of the inflatable equipment about 7 feet from the ground when he fell off, striking his head on the carpeted concrete floor below. The lawsuit from the Thundyil family claims that part of the inflatable where their son was playing was not supposed to be played on but there were no barriers or safety monitor to keep children out of the area.

Thundyil’s son suffered a fractured skull and internal bleeding in three places on the brain. She now claims he suffers from a stutter, memory issues, and other mental and emotional ailments due to the injury.

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