If your medical condition has worsened between the consolidation date and the day of the trial, it is possible to ask the insurance company to reopen your claim file.
Only damages related to aggravation may give rise to compensation. Indeed, it is not a question of reassessing the amount of the indemnities obtained during the first settlement but of calculating an additional indemnity because your state of health is aggravated. To obtain compensation for the damages resulting from the aggravation of your state of health, it is important that the aggravation is directly related to the initial bodily injury. It must not under any circumstances result from other factors, new injury or aging.
Personal Injury and Illness
In general, for the aggravation to be recognized, it is necessary to justify an increase in your disability rate.
However, jurisprudence evolves in favor of the victims:
- When the family situation of the victim has changed since the consolidation, following the birth of a child, for example, a severely disabled person can get a reopening of the file aggravated because his need for human help has increased.
- Nobody likes to get sick, especially because of food poisoning. In the rosiest of scenarios, it is uncomfortable and disruptive. Let’s assume you’re confident that you can prove your food poisoning has been caused by a restaurant.
It may not be worth pursuing a legal claim time-wise and money-wise if the only result is a slip or fall in the bathroom. Maybe not all that much adds up to your damages. Obviously, it’s a different story if it is a food poisoning which involves hospitalization or a potentially dangerous. And from a medical perspective, cases of food poisoning affecting younger or older people are much riskier, so that’s another major factor to remember. It may be worthwhile to contact a personal injury attorney with Gordon & Gordon Law Firm and discuss your options in situations where medical bills make sense, and food poisoning causes more than a few days of irritation.