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Recent Developments in Personal Injury Law

In the United States, much of our legal system is based on precedent. Keeping up with new cases and surprising verdicts is an essential part of a personal injury lawyer’s job. Without knowing the state of the art, it is possible to miss opportunities for additional compensation for the plaintiff or additional and appropriate legal sanctions against the defendant. Eugene personal injury attorneys keep up with all the latest personal injury law news so they can offer the best-possible representation during your personal injury lawsuit case.

Personal Injury Lawyers in the News

Knowing small details of a case can open the doors for new and compelling personal injury claim arguments. Consider the case of a 65-year-old man who was recently awarded $1 million after a low-speed car accident despite not reporting any injuries at the scene. For most of us, this seems almost absurd. Add to that the fact that when the man eventually filed suit his legal team was only asking for $60,000 and you end up with quite an interesting recent development in personal injury law.

How Did This Happen?

The injured man in question refused medical service or an ambulance at the scene of the accident. He went on to complete a test later that day for a college case he was enrolled in. Shortly thereafter, he started seeing a chiropractor for neck and back pain.

The Hidden Injury… Revealed!

After 30 chiropractic session, the claimant scheduled an MRI. The results were troubling to say the least: there were several herniations (bulging and damaged disks) throughout his cervical and lumbar spine. The attending physician confirmed that the injuries revealed by the MRI were almost certainly caused by the car accident, even though the car accident was not very severe at all.

Treatment and Disappointment

A person otherwise in good health would be able to have these sort of injuries surgically corrected. Though back and neck surgeries are among the more risky and debilitating medical procedures, the possibility of living with reduced or eliminated pain often convinces people with back or neck injuries to pursue medical intervention. Unfortunately for our man in question, surgery was not an option for him.

Bad Choices

Why was this man unable to receive the medical treatment he needed? Simply put, he was not in good-enough health to handle such an invasive procedure. He suffered from the effects of poorly-managed diabetes as well as heart problems. In many ways, his own choices limited his treatment options. He had been hard on his body. He had previously received chiropractic care that indicated that some level of injury existed before the accident. So, what gives?

The Eggshell Doctrine

A long-held American legal doctrine originating in English Common Law states that a negligent actor is responsible for any damage their negligent acts may have precipitated, even if the injured party is “fragile as an eggshell.” This Eggshell Doctrine protects injured claimants during a lawsuit by asserting that increased likelihood to be injured does not equate to decreased liability on the part of the offending party.

Eugene Personal Injury Attorneys

Eugene, Oregon personal injury lawyers Veralrud and Fowler keep up on the latest news so they can represent you in your personal injury case using the latest precedents. Call today for your free consultation.

Give Us a Call at 541-345-3333 for a Free Consultation About Your Case or Send Us an Email Below

975 Oak Street, Suite 798

Eugene, OR 97401

Phone  (541) 345-3333
Fax  (541) 342-1908

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