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Can a Therapist Be Held Responsible for Malpractice in New Mexico?

Posted on April 30, 2022

When many people think of medical malpractice, they may think of doctors who handle physical care –- surgeons, specialists, or general practitioners. However, therapists and licensed counselors, who handle mental health concerns, are also subject to malpractice claims.

Although psychologist malpractice may be harder to spot than physical damage or bodily injury, it can be just as damaging to the person who experiences it.

The basic case structure of malpractice claims against a therapist will take the same form as that against a medical doctor. The plaintiff will have to prove:

A duty of care was owed
That duty was breached
The breach of care caused injury

In many cases involving malpractice suits against a therapist, you need a medical malpractice attorney with experience pursuing these cases.

What are common negligent or abusive acts from a therapist?

Negligence and abuse in a psychiatry setting generally stem from an imbalance of power that favors the professional over the patient. The professional may breach boundaries or provide negligent treatment.

When erosion of professional boundaries happens, the patient and professional may become enmeshed, to the detriment of the patient’s mental health. Other times, a sexual relationship and manipulation can occur.

Whether the negligent or abusive acts were sexual or not, the overall breach of patient trust typically harms them the most.

Therapist negligence falls into two categories:

Boundary Crossing

There are many ways that a therapist can cross professional boundaries, including:

Revealing personal details of their own life
Holding sessions in inappropriate venues, such as a public setting
Moving sessions to the end of the day, when the therapist and patient are the only ones in the office
Sexual innuendos, or discussion of their own sex lives
Crossing physical boundaries, such as holding hands, hugging, or kissing
Breaching confidentiality by discussing your details or details of another person

This isn’t a complete list, but in general, erosion of boundaries reduces the effect of treatment. Additionally, crossing boundaries may exacerbate betrayal of trust or sexual assault the patient has experienced in the past.

Inappropriate Treatment

Counseling negligence and abuse aren’t limited to boundary-crossing. Therapists can fail to provide treatment in the same way medical doctors may, such as:

Failure to explain the style of therapy that will be employed
Acting critical, aggressive, or abusive in sessions
Being overly opinionated to dictatorial
Threatening to terminate sessions or change sessions without notice
Employing practices they aren’t trained in
Failing to address your presenting issues
Failing to refer you to a specialist better able to treat your needs

If you, the patient, are in worse mental health than before you began treatment, you may have a malpractice case. Your medical malpractice lawyer will help determine your legal options.

New Mexico Medical Malpractice

The New Mexico Medical Malpractice Act governs medical malpractice cases in the state. It sets out the statute of limitations, which is three years from the date of the incident, which means that you have three years from either the date of the first incident or the date you discovered you were harmed. Your lawyer will help you understand your deadlines to file a claim.

Before you file a suit in court, you must submit a written application to the New Mexico Medical Review Commission, which includes the details of your allegations, and grant the New Mexico Medical Malpractice Review Board permission to review relevant medical records.

The New Mexico Medical Malpractice Act also sets a cap on damages you can receive at $600,000 unless the costs of ongoing rehabilitation and medical care exceed this amount. Your lawyer will explain a few other stipulations pertaining to your case.

Have you experienced therapist malpractice?

If you have been abused by your therapist or feel that you received inadequate or neglectful medical care, we can help. Hunt Law is a legal team of medical malpractice specialists helping clients in northern New Mexico and Las Vegas, NM. Call us today for a confidential consultation about your case.

Public vs. Private Schools: Who’s Responsible If Your Child Is Hurt?

Posted on April 30, 2022

No parent wants to hear that their child was hurt at school, whether it’s an accident on the playground, an incident of bullying, or even an allergic reaction. If you’re like most parents, you may wonder what your legal recourse is if your child has been injured at their public or private school.

While not legally an insurer of your student’s safety, your child’s school does have a duty to exercise reasonable supervision and care to ensure the safety of its students.

It’s important to note that supervision and safety expectations apply to both public and private schools. Just because a school is privately owned and operated doesn’t mean it’s outside of legal regulations that apply to children in its care.

For example, any school has a duty to supervise the children outside of the classroom, during lunch and recess, or before or after school hours while the children are on school property. This duty of care exists for both public and private institutions.

State intervention in the regulation of private schools is minimal, but the state does require a certain degree of regulation to ensure the safety of children attending private schools. Therefore, the state may conduct an investigation when complaints or concerns arise regarding the school’s ability to keep students safe.

What are schools responsible for providing?

A duty of reasonable care is expected from both public and private schools. Some examples of the care and supervision required are:

Lunch and recess supervision
Supervision when children are playing in groups
Providing clean, safe facilities
Ensuring proper maintenance of school grounds to prevent injury and illness
Hiring qualified, competent teachers, coaches, and support staff

However, the duty to supervise only applies to situations where injuries are foreseeable. For example, if an injury isn’t likely to occur in a particular scenario, the school probably wouldn’t be liable.

Is a school liable for the actions of other students?

Who is liable for an injury that another student caused can be a complicated question and one of the reasons you need an experienced personal injury lawyer who understands how to assign liability.

Each injury and circumstances are different. Who is liable will depend on where the injury happened and whether any supervising staff members were negligent or not fulfilling their duties.

Let’s say, for example, that a school knows about a problem with a bully on its premises, but the school fails to prevent the bully from harming other students. The school may be liable for any injuries other students receive from the bully.

Or, if certain areas in the school are known for fighting, such as in the parking lot or a school bathroom, and the school doesn’t implement safety measures, then the school may be liable for injuries from these fights.

What are some things I can sue a private school for?

You can sue both public and private schools for the same things, such as injuries, negligence, or exposure to toxic substances.

However, there’s one type of suit against a private school that doesn’t arise at a public school: tuition disputes. Tuition disputes are civil matters and not personal injury cases, but our legal team has experience with those as well.

Do you have a claim against your child’s school?

If you believe that your child was injured and their school could have taken steps to prevent it, we can help.

Hunt Law of Northern New Mexico has a personal injury attorney ready to fight for you. We have the knowledge and tenacity you need to craft and file a strong claim.

Call us today to discuss the circumstances of your case.

5 Causes of Gas Explosions in New Mexico (and How to Protect Yourself)

Posted on April 28, 2022

Some job sites are by nature more dangerous than others, especially the oil and gas rigs and refineries of New Mexico.

Gas explosions, and the catastrophic injuries that result, can be all too common. However, oil and gas workers aren’t the only ones that should be careful about the possibility of a gas explosion.

There are several causes of New Mexico gas explosions. It’s important to know how to protect yourself and what to do if you or a loved one have been injured in a gas explosion accident.

What are 5 common causes of workplace fires and explosions?

The Industrial Safety and Hygiene News Magazine lists these five causes as the most common for potential fires and explosions:

Electrical hazards, such as overloaded sockets or exposed wiring
Poorly maintained vehicles
Hot work, such as welding or other work that causes sparks around gas
Friction and heat built up in machinery
Improper storage of gas and other flammable liquids

Sometimes, the job site itself is unsafe. Employees should take proper precautions when working around natural gas and always use safety equipment. However, your employer or the rig owner also must provide a safe working environment, including taking these steps:

Surveying the site for potential hazards
Establishing and communicating fire prevention and emergency procedures
Training employees properly, especially for safety protocols
Regularly inspecting equipment and ensuring proper maintenance

Even if your employer follows all OSHA safety guidelines, one or two reckless individuals can endanger the entire workforce.

The Bureau of Labor Statistics noted that 115 people were killed in workplace explosions and fires in 2018, and many more were seriously injured. Many of these accidents were preventable.

Explosions Caused by Faulty Machinery

Sometimes, gas explosions occur because of defective machinery, which neither employers nor employees could foresee or be responsible for.

If your heavy machinery had a flaw in its design during its manufacturing process that subsequently led to an explosion, the Hunt Law legal team could help. We’ll pursue a faulty product lawsuit against the manufacturer on your behalf.

Oil Rig and Gas Explosions

Explosions are an inherent risk in the oil and gas industry due to the combination of heavy machinery and flammable materials. Many explosions involving oil and gas can occur due to:

Improper ventilation systems and accumulation of hazardous fumes
Defective equipment batteries, pipelines, hoses, or pipes
Equipment failure

An oil rig or gas explosion causes catastrophic injuries and can kill or seriously maim many workers.

What are common gas explosion injuries?

Fires or explosions can result in life-altering injuries, including:

Concussions or traumatic brain injury (TBI)
Broken bones and fractures
Crush injuries
Cuts, lacerations, and contusions
Electrocution
Loss of hearing or vision
Spinal cord or neck injuries
Toxic chemical exposure

Sometimes, the injury may be fatal.

What kind of damages am I entitled to after a gas explosion?

Your personal injury lawyer will file a claim on your behalf if you’ve been injured due to a workplace gas explosion.

We can claim current and future medical expenses, pain and suffering, and even wrongful death. If your injuries are life-altering, you may be entitled to compensation for a diminished quality of life and reduced earning potential.

Hunt Law – A Legal Team that Makes a Difference

Have you or someone you love been injured or killed due to a gas explosion? We can help.

Hunt Law is a personal injury firm with years of experience representing the interests of people just like you. Our service areas include Northern New Mexico: Santa Fe, Albuquerque, Rio Rancho, Raton, Roswell, Los Alamos, and Las Vegas, NM.

We fight for your rights and help you get the settlement you deserve. Call us today for a free consultation about your case.

Meeting with a Malpractice Attorney? 4 Tips to Prepare

Posted on April 25, 2022

If you or someone you love has suffered from medical malpractice or misdiagnosis, you may be able to file a claim for damages. The first step is a free consultation with a reliable New Mexico malpractice attorney, like the team at Hunt Law.

However, it’s best to be prepared to make the most of your consultation session and ensure that your legal team has all of the information they need to give you an accurate assessment of your options.

Here are four tips to help you prepare for your first meeting with your medical malpractice attorney.

1. Provide as Many Details as Possible

It’s important to share as much information as possible so that your medical malpractice lawyer understands the details of your case. Try your best to explain events in chronological order, and if you can, write notes before you come to your appointment.

It’s okay to feel emotional when talking about the pain and suffering you or your loved one endured because you didn’t get the medical care you needed. However, try to focus on the facts and refrain from bad-mouthing the doctors or nurses.

2. Ask Important Questions

No question is a bad question, and your malpractice lawyer knows that the process can be confusing. Feel free to ask the Hunt Law team anything! However, your consultation is a two-way interview, so make sure that you hire a lawyer with experience. You want a capable attorney to lead you through this process.

Some good questions to ask are:

How many cases like mine have you handled?
How long have you specialized in malpractice cases?
What are some of the settlements and cases you’ve won?
What can I expect from the lawsuit process?
How are your fees assessed?

Many people may settle quickly in medical malpractice cases, thinking that hiring a lawyer is too expensive.

However, many personal injury attorneys work on a contingency fee basis, which means that you typically won’t pay attorney’s fees unless your case is settled or won.

3. Bring All Relevant Documents

Your medical records and any emails or records of phone conversations are all part of the evidence that your medical misdiagnosis lawyer uses to prove your claim. Bring all relevant information to the consultation so that your lawyer can fully understand your circumstances.

You should bring:

All medical records
X-rays, diagnostic images, and any other photos or videos of your condition
All medical bills and insurance information
Paycheck stubs, as you may be reimbursed for time you missed at work

Don’t be shy about showing your lawyer your private medical information. They need to understand what happened to best pursue your claim. Additionally, all consultations with a lawyer are confidential and private.

Medical malpractice can affect all areas of your life, from your physical health to your ability to enjoy your favorite activities and even your career prospects.

4. Be Honest

Tell your lawyer the truth, and don’t be afraid to hold anything back. Your malpractice attorney crafts the best defense when they have all the facts.

Even if you don’t “look like the good guy” or feel like the misdiagnosis was your fault, it’s your lawyer’s job to advocate for you — no matter your circumstances. If you withhold information and there’s a last-minute surprise at your trial, it can derail your claim.

Do you need legal representation for your malpractice claim?

If you need reliable, trustworthy, and successful legal representation, call the team at Hunt Law.

We specialize in helping people just like you get the settlement they deserve after a misdiagnosis or medical malpractice. We offer services in Northern New Mexico, including Santa Fe, Albuquerque, Rio Rancho, Raton, Roswell, Los Alamos, and Las Vegas.

The Importance of Seat Belts

Posted on January 31, 2022

If buckling up when you get into a car is second nature, then you have already taken a big step to keeping yourself safe on the road. Proper seat belt use can not only prevent serious injury, but even save a life. So, all of the hype about the importance of seat belt use really is justified. If you have fallen into the bad habit of not using your seat belt, now is the time to get back to using this important vehicle safety feature. In fact, be sure that all of your passengers have their seat belts securely and properly fastened before you pull out of the driveway. Let’s all do what we can to stay as safe as possible on the roads.

The Importance of Seat Belts

Sure, vehicles these days come standard with more safety features than we could have dreamed about a few years ago. There are now blind spot sensors and tire pressure monitoring systems. There are backup cameras and lane departure prevention systems. Our cars are doing all they can to keep us and others safe, but seat belt use is still important and continues to save lives every day. Did you know that, according to the Centers for Disease Control and Prevention (CDC), seat belts reduce a person’s risk of injury or death by about half? The National Highway Traffic Safety Administration (NHTSA) estimates that seat belts save over 15,000 lives each year in the U.S.

You see, seat belts work to keep vehicle occupants inside a vehicle despite jarring impacts with other vehicles or objects. Without the use of this restraining device, it is much more likely that a person will be thrown from a vehicle or violently thrown around inside a vehicle, resulting in serious and even fatal injury. Seat belts are, after all, designed to restrain the most solid parts of the body, the hips, and the shoulders. By placing the seat belt across your lap and up around your shoulders, it not only protects the strongest parts of your body, but it helps spread out the force of collision. That means the force of impact is spread throughout the body as opposed to putting undue strain on just one part.

If you are relying on the airbag alone to cushion you upon impact in the event of a collision, this face is misplaced. Airbags were never intended to work on their own. In fact, they were designed to work in tandem with seat belts. Airbag deployment without seat belt use can even put a vehicle occupant in danger as the force of airbag deployment is significant, to say the least. With a seat belt being used, you get the full benefit of airbags should they be deployed while minimizing the harm that can be sustained by airbag deployment.

If saving yourself from severe bodily harm is not enough of a reason for you to use your seat belt, remember that it is the law. Failing to wear a seat belt can land you with an expensive fine. For your own well-being and to avoid paying such fines, remember to always buckle up.

Personal Injury Attorney

At Hunt Law, we want to see you and your loved ones safe out there on the road. If you are ever injured by a negligent driver, we are here to help you pursue full and fair compensation for the harm you have suffered. Contact us today.

The NHTSA’s Campaign Against Distracted Driving

Posted on January 31, 2022

The most recent National Highway Traffic Safety Association (NHTSA) numbers on distracted driving are sobering. In 2019 alone, distracted driving claimed 3,142 lives. The reality is, however, that this number is probably much higher. Distracted driving may not always be accurately reported and, as a result, the number of distracted driving fatalities and accidents is likely to be much greater than numbers currently reflect. Because of the persistent and pervasive problem of distracted driving on U.S. roads, the NHTSA has launched a campaign to bring awareness to and help combat the problem.

The NHTSA’s Campaign Against Distracted Driving

As the NHTSA leads the national U.S. effort to help save lives lost by distracted driving, it focuses on gathering facts and getting other individuals, organizations, and governmental bodies involved in working to keep our roads safer for all. The truth of the matter is that safe driving is impossible if you are driving while distracted.

Distracted driving means that you are operating a vehicle while engaging in any activity that diverts your attention from the task at hand. Some of the most common distracting activities include:

Talking on the phone
Talking to passengers
Eating and drinking
Applying makeup
Texting
Changing up music
Interacting with the navigation system

As you may have guessed it, one of the biggest and most dangerous activities involved in the U.S. distracted driving problem is texting while driving. Did you know that either sending or reading a text draws your eyes away from the road for an average of 5 seconds? Doesn’t sound like much, right? If you are traveling at 55 mph, that is the same as driving the length of a football field while blindfolded. Think about how much can happen on the road in that space and that length of time? Accidents happen in a mere moment and can occur all too easily when that moment is you taking your eyes off of the road.

So, what can be done about the distracted driving problem? A good place to start is by spreading the word on how bad the problem is getting. Teens in particular can be effective in spreading the word and leading peers by example. Teens, after all, have become an exceptionally dangerous population of drivers as they are usually inexperienced and are often glued to their phones. Parents should also lead by example in driving free of distractions and should also have frank discussions with their children about distracted driving.

It can be difficult to put away the distractions and focus on the road. In a society that keeps on multi-tasking, it may even seem impossible. Put mechanisms in place to set yourself up for success. Give your phone to a passenger while you drive and appoint them as your designated texter while you focus on driving. These are things we can all do that may literally end up saving someone’s life.

Personal Injury Attorney

If you have been injured by a distracted driver, you do not have to go through this alone. The personal injury team at Hunt Law is here to help you fight for full and fair compensation. Contact us today.

What Is Considered a Wrongful Death?

Posted on December 31, 2021

When someone dies in an accident caused by another person’s negligent behavior, the decedent’s survivors may have the right to pursue compensation. Filing a civil claim for financial recovery after a loved one’s death is called a “wrongful death case.”

Below, we will examine several of the statutes that apply to wrongful death claims in the state of New Mexico. Also, we will discuss which incidents are considered to be wrongful deaths.

If you have lost someone you love because of another party’s negligence, reach out to an accomplished New Mexico wrongful death lawyer. The skilled team at Hunt Law Firm has plenty of experience fighting for the interests of grieving families.

How Is “Wrongful Death” Defined?

According to the state laws in New Mexico, a wrongful death results from negligence, a wrongful act, or default of another party. In wrongful death cases, the decedent would have been eligible for a personal injury claim if they had lived.

In other words, a wrongful death case is like a personal injury claim that the deceased person is unable to file. Because the victim cannot pursue compensation themselves, the victim’s representative can do so on their behalf.

A wrongful death attorney can pursue financial recovery from the liable party. The decedent’s legal representative can use the compensation from the case to cover the associated expenses.

Common Types of Wrongful Death Claims

There are many different events that can form the basis of a wrongful death lawsuit. These events include:

Incidents of negligence
Medical malpractice
Intentionally harmful acts

Depending on the cause of the victim’s death, their legal representative may have the right to seek financial recovery.

Incidents of Negligence

When one person behaves carelessly and their actions result in someone’s death, the victim’s executor may file suit. Consider the following example.

Suppose that a reckless driver caused your family member to suffer a fatal injury in a car crash. In this case, the liable party could be held financially responsible for their negligent actions.

Medical Malpractice

Patients trust their medical providers to offer safe and reliable care. But sometimes, a negligent doctor, surgeon, nurse, or other care provider causes the death of a patient.

When this happens, the relevant party may file a wrongful death claim to recover damages. These cases are structurally similar to other negligence claims. However, in medical malpractice cases, the plaintiff must prove that the care provider failed to enact a reasonable professional standard.

Intentional Harm

Wrongful death cases are not only possible in the aftermath of fatal accidents. If someone purposely caused another’s death, they can also be held accountable through a wrongful death lawsuit.

Under New Mexico state laws, a person who acts criminally and causes someone’s death may face both criminal and civil consequences. This means that criminal action can make the perpetrator liable for financial damages.

Common Damages in New Mexico Wrongful Death Cases

When a wrongful death suit is successful, the court will order the defendant to provide monetary payments to the victim’s estate. These payments are known as “damages.”

Some of the damages that are typically available in New Mexico wrongful death claims include:

Burial and funeral expenses
The victim’s outstanding medical bills
The deceased person’s lost income
The surviving family’s emotional distress
The pain and suffering of the survivors
A spouse’s loss of consortium
The victim’s pain and suffering prior to death

Under New Mexico’s laws, wrongful death claims must be filed by the decedent’s personal representative. This person is also known as the “executor.”

Although some states allow the victim’s close family members to file a wrongful death suit, this is not the case in New Mexico. Usually, the decedent’s executor will be named in their estate plan.

If the victim has not named a personal representative, the court may assign one.

Premier Legal Representation with Hunt Law Firm

For skilled legal services in Northern New Mexico, reach out to an accomplished wrongful death attorney at Hunt Law Firm. Our team of professionals has years of experience helping grieving families recover the compensation that they deserve.

Attorney shakes hands with man using arm brace to walk

Personal Injury: How Long Does It Take to Get Paid?

Posted on December 29, 2021

When you or someone you love has sustained a personal injury in New Mexico, it is important to consult with a skilled legal professional. Victims of accidents and injuries may be able to pursue financial compensation through legal action.

Many people are unaware of how long injury and accident claims take. However, even if you successfully settle your personal injury case, you may not know how long it will take to receive the compensation that you are due.

Some victims have financial pressures that the compensation from their case will help to alleviate. These may include:

Medical expenses
Outstanding bills
Lost wages and income
Property repair and replacement costs
And more

Because of this, you will probably be eager to secure your recovery as soon as possible. Typically, it takes around 6 weeks for personal injury victims to receive the financial recovery that they are owed.

There are also specific actions that victims must take to ensure that they receive their compensation as quickly as possible.

Steps for Receiving Compensation

Unfortunately, recovering the settlement from your personal injury case is not only about waiting. There are a few important steps that you must complete following a successful legal claim.

Signing a Release

Before recovering compensation from an insurance provider, you will need to sign a document known as a “release.” This document ensures that you will not pursue any other legal action related to the accident or injury in question.

This protects the opposing party from further lawsuits or claims revolving around your injuries. It is common for personal injury victims to sign a release before getting paid.

Process of Release

After you submit the release, the relevant insurance company will need to process the document. This may take several business days or weeks.

After your signed release is processed, the company will issue the settlement check. These checks are usually made payable to both the victim and their attorney.

Legal Costs and Attorneys’ Fees

After your legal representative receives the settlement check from the relevant company, they will deduct a certain amount. There are several items that must be subtracted from the total settlement before you get paid.

For instance, your attorney will use the settlement amount to pay any liens related to the case. They will also use the settlement check to pay any victim expenses arising from the case.

For example, suppose that your law firm covered certain costs related to your injury. In this case, they will repay these debts before you receive compensation.

Most personal injury law firms operate on a contingency fee basis. This means that clients agree to set aside a certain percentage of the recovery from their case to cover the cost of legal services.

Your lawyer will subtract the agreed-upon percentage of the financial compensation to cover your payment. In many cases, a legal professional will also prepare an itemized statement of services.

Apart from attorneys’ fees, other fees may include:

Document filing fees
Postage
Copies of documentation or court transcripts
Travel
And more

This statement of services will detail all of the work performed and resources provided by the legal professional.

Reasons for Possible Delays

In some cases, payments to the victim are delayed. There are many factors that could lead to a longer wait time before you receive the compensation that you are due.

For instance, some defendants will provide customized release forms. When that happens, the legal representatives of both parties must review the document and agree to the terms.

It can lengthen the process if the plaintiff and defendant do not agree to the terms of the release. It is vital to have an accomplished New Mexico personal injury attorney review any documentation before you sign it.

Cases that involve estates, including wrongful death cases, may require additional processing time. This can also result in delays.

Contact Hunt Law Firm

When you need premier legal services in Northern New Mexico, contact a personal injury lawyer at Hunt Law Firm. Our skilled professionals are dedicated to fighting for the rights of those who have been injured due to the negligence of others.

How Do You Prove Loss of Income?

Posted on October 31, 2021

Being injured in an accident can seemingly bring life as you know it to a screeching halt. The pain and limitations that come with being injured can impact things in far-reaching ways. For starters, you may have needed to miss work. Such a loss of income can be greatly missed, especially as you watch expenses like medical bills pile up. The good news is, however, that you can make a claim for loss of income as part of the compensatory damages you seek in your personal injury claim. How do you prove loss of income? We’ll discuss that here.

How Do You Prove Loss of Income?

If you have been injured due to someone else’s negligence, you can seek compensation for your injuries and associated losses through a personal injury claim. The bulk of a personal injury claim for compensation will be composed of compensatory damages. As the name suggests, compensatory damages are intended to compensate an injury victim. Compensatory damages can include medical bills, the cost of future medical treatment, and, among other things, loss of income.

Loss of income may total more than someone might initially think. Consider, for a moment, the time an injury victim may need to take off from work following an accident. Accident injuries can often require rather extensive periods of rest and recuperation in order to properly heal. This time, in and of itself, can mean a notable loss of income due to time taken off from work. Loss of income can also come from missing out on commissions from sales, bonuses, and other job benefits as well as loss of wages.

It should also be noted that a loss of income claim need not be based on consecutive leave that occurred directly following the accident, although it can sometimes make up the bulk of the claim. In many cases, however, an injury victim will not only miss time from work immediately following the accident but will also miss work periodically over time due to injuries sustained in the accident. For instance, a claimant in a personal injury action may have missed work due to medical appointments, including physical therapy and medical procedures such as surgery. These days off from work and the resulting loss of income are also includable in a claim for lost income in a personal injury claim following an accident. The injured party would, of course, still need to prove that the missed work and loss of income were caused by the accident and accident injuries.

In order to prove loss of income in a personal injury claim, you will need clear and convincing evidence, just as you will need to prove your other damages. Some of the most useful pieces of evidence to show loss of income will likely include your pay stubs showing how much you were earning prior to the accident and a wage verification letter from your employer. Proving loss of income can also be done when you are self-employed through presenting evidence of your projected income you missed due to your accident incomes. Retain documents that will show loss of opportunities and income to help support your claim.

Personal Injury Attorney

At Hunt Law, we are committed to helping our clients receive full and fair compensation for all losses sustained as a result of an accident. Contact us today.

Preexisting Conditions and Your Personal Injury Claim

Posted on October 30, 2021

The aches and pains of life are normal. Many of us, at one point or another, have dealt with an injury or illness that caused us pain or discomfort. The severity and extent of such conditions may vary from person to person, but the truth is that many, if not most, people come with some kind of medical history or preexisting condition. What, however, can this mean for your personal injury claim?

Preexisting Conditions and Your Personal Injury claim

In a personal injury claim, the victim is legally entitled to receive compensation for the harm suffered due to the accident from the party responsible for causing the accident, or that party’s insurance company. If an injury or condition was preexisting in nature, then that will not be compensable in the personal injury claim for damages. However, if an accident aggravated a preexisting condition, then making that pre-existing condition worse is compensable pursuant to a personal injury claim.

It should also be noted here that a plaintiff is still entitled to damages for injuries caused by an accident even if that plaintiff had a preexisting condition that made him or her more susceptible to injury. In other words, even if someone else may not have been injured as severely, that plaintiff is still entitled to all harm suffered due to the accident. This is referred to as the “eggshell plaintiff” doctrine. It provides important protection for those with preexisting conditions that are injured in accidents.

Insurance companies love to use preexisting conditions as a way to try to get out of paying a claim in full or in part. These companies will assert that injuries and symptoms experienced by an injury victim were already things they suffered from prior to the accident and were not, therefore caused by the accident and compensable. This is why it is so important that the status of the victim’s preexisting condition prior to and after the accident be determined. While the defendant in the personal injury case carries the burden of disproving a damages claim, which means that it is in fact the defendant’s job to prove that your injuries claimed were actually preexisting in nature and not caused by the accident, the plaintiff will likely need to combat such a claim.

In order to show that a defendant’s claim that injuries were actually preexisting in nature is misguided or unfounded, the plaintiff will need to show that the injuries claimed are actually new and/or an exacerbation of a preexisting condition and that exacerbation is compensable. To demonstrate this, past medical records of the plaintiff can be compared to medical records post-accident. If you have notable preexisting conditions, it may be a good idea to go to your regular treating doctor after an accident and be clear with him or her about any new symptoms you may be experiencing. This doctor will be able to testify to your state of health before and after the accident, which can be convincing and solid evidence.

Personal Injury Attorney

If you have been injured in accident, the team at Hunt Law is on your side. We stand up to the big insurance companies and tirelessly fight for the rights of our clients. Contact us today.