Personal Injury - Pre-Existing Conditions - What You Must Know

"Should I tell them about my pre-existing condition?" "Will it hurt my case?" are questions injury clients often ask.

You don't want to hide anything about your medical history from the other side. First, you have an obligation to share the information. Second, a preexisting condition that is aggravated can mean more compensation than if you were completely healthy before the accident.

Take the case of Shannon whose car was struck from behind while sitting in traffic. There was no visible damage to her Toyota Supra. Ordinarily a low property damage case like this one would not be worth much.

However, she began to feel pain in her neck right after the accident and was taken to the emergency room. A CT scan revealed that a preexisting disc injury had been aggravated. Eventually Shannon required surgery.

When Shannon's lawyer presented a claim to the at-fault driver's insurance company they made no offer at all. This is often the case in accidents with no visible car damage.

After a lawsuit was filed and a trial date was set the insurance company settled the case for a significant amount.

The Rule On Aggravation Of Pre-existing Conditions

In all 50 states it is established that a tortfeasor (i.e. the person-at-fault, also known as the defendant) is liable when he aggravates a preexisting condition of the plaintiff (i.e. the injured person, the person who files the lawsuit).

The United States Supreme Court gave approval to this principle in United States v. Feola (420 U.S. 671, 685.) In the Feola case the person-at-fault assaulted a plain clothes federal police officer. He tried to reduce his liability by arguing that he did not know the man was a federal officer.

The Supreme Court did not care. It was irrelevant, said the Court, that the assailant did not know the victim was an officer. In summary, said the Justices, citing a well-established principle of American law, a tortfeasor "takes his victim as he finds him." (In this case the pre-existing condition was being a federal officer.)

This principle is often referred to as the "eggshell plaintiff rule" in reference to an early English case where a man with a thin skull suffered death when a normal man would have only suffered a bump on the head.

Asymptomatic Versus Symptomatic Condition

The rule is applied differently depending on whether, before the accident, the victim was "asymptomatic," i.e. no symptoms, or "symptomatic" i.e. having symptoms.

Here is a summary of the majority American rule on aggravation of asymptomatic pre-existing conditions as expressed by the Utah Court of Appeals:

"the rule is well settled that when a defendant's negligence aggravates or lights up a latent, dormant or asymptomatic condition, or one to which the injured person is predisposed, the defendant is liable to the injured person for the full amount of damages which ensue, notwithstanding such diseased or weakened condition."

For symptomatic conditions the rule is slightly different. Pain or disability may have been present before the accident but the new accident makes it worse. In that case the tortfeasor is only responsible to pay the victim compensation for the aggravation or worsening of the condition. In these cases it is necessary to apportion between the preexisting condition and the worsening caused by the new accident.

Workers Compensation

These rules also apply to workers compensation cases. The rule is well established that when an industrial accident lights up or aggravates a pre-existing deficiency or disease, the aggravation is compensable as long as the industrial accident was the medical and legal cause of the injury.

Conclusion

Knowledge of the law of pre-existing conditions is a "must know" area for anyone handling an injury case. Be sure to research and understand the principles as they apply in your state.

Disclaimer

This article is provided for informational purposes only and is not intended to take the place of competent legal advice from an experienced injury attorney in the state where you live.

Personal Injury - Pre-Existing Conditions - What You Must Know

Toyota Supra

Personal Injury - Pre-Existing Conditions - What You Must Know

Personal Injury - Pre-Existing Conditions - What You Must Know
Personal Injury - Pre-Existing Conditions - What You Must Know

Toyota Supra

Personal Injury - Pre-Existing Conditions - What You Must Know

Personal Injury - Pre-Existing Conditions - What You Must Know

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WOTM Compilation by Cody Phillips

WOTM Compilation by Cody Phillips

Video Clips. Duration : 6.27 Mins.

WOTM Compilation by Cody Phillips
Please visit my page and "Like" it! www.facebook.com Ryan Woon, Cody Phillips, Jon Pratkanis. Compilation of all three cars and some other fun stuff done by Cody Phillips
WOTM Compilation by Cody Phillips

WOTM Compilation by Cody Phillips

WOTM Compilation by Cody Phillips

WOTM Compilation by Cody Phillips

Personal Injury - Pre-Existing Conditions - What You Must Know

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Drift Car on a Budget - Part 1, Choosing Your Car

So you're interested in drifting and want to start competing. Well before you can begin to compete you need to have a car that can compete.

This can be a problem. If you where anything like me when I started out, you don't have the cash to build a Formula D level slide machine. So what do you do? Well, do what I did; build a drift car on a budget!

The first step is finding a good platform to start with. This can be a challenge with all the different cars that are used in the drifting world. But I have a few solid rules that you can follow that will help make your decision a lot easier.

First, you will want something driftable. By saying driftable, I'm talking about how it needs to have the essential characteristics of a drift car. You will NEED to find a car that has rear wheel drive (RWD), and a manual transmission. Don't go out and find something with a automatic transmission or for some reason front wheel drive (FWD) and say "I can just do a tranny swap" or "I can do a RWD conversion". DON'T! This is NOT WORTH THE EFFORT, PERIOD! The purpose is to build a drift car for as cheap as possible and as quick as possible so that you can be on the track drifting as soon as possible.

Second, you want it to be cheap. I set a budget of 00. I know plenty of people that found a car for less but they got lucky. I set my budget of 00 for a running driving car that I could build into something that would be competitive. Along with the price of the car being cheap, you want parts to be cheap. You want a vehicle that has a strong aftermarket following and an abundance of spare parts that are easy to find and cheap.

And third, you will want a vehicle you aren't in love with. In the world of drifting, you will make mistakes, you will have accidents, and you will crash. Therefore you want something that you will be willing to take to the edge and past in order to improve your skills. Too many times I've seen people that are afraid to push themselves and there car because they're afraid of crashing. To be able to learn and improve you can't be thinking about crashing, you need to be thinking about how you can better your technique. You can't be afraid of crashing, it's inevitable so deal with it.

I chose a 1992 Nissan 240sx for several reasons. They're cheap, they have a huge aftermarket following, parts from other Nissans are bolt-on upgrades, and the 2.4L DOHC (KA24DE) engine is tough and loaded with torque.

Cars I would recommend are the Nissan 240sx S13 and S14, Mazda Miata MX-5 (any year), Toyota Supra (I recommend the older body style of the early 90s), Mazda Rx7, and the Toyota Cressida. Or if your into domestics you can go with the Ford Mustang, or any other cheap abundant RWD car.

Up next "Drift Car On A Budget: Part 2, The Essential Mods".

Drift Car on a Budget - Part 1, Choosing Your Car

Toyota Supra

Drift Car on a Budget - Part 1, Choosing Your Car

Drift Car on a Budget - Part 1, Choosing Your Car
Drift Car on a Budget - Part 1, Choosing Your Car

Toyota Supra

Drift Car on a Budget - Part 1, Choosing Your Car

Drift Car on a Budget - Part 1, Choosing Your Car

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SZYBKIE MIASTO Chapter one, the day

SZYBKIE MIASTO Chapter one, the day

Video Clips. Duration : 3.18 Mins.

SZYBKIE MIASTO Chapter one, the day
SZYBKIE MIASTO - Chapter one, the day. The movie has been produced in cooperation with szybkie-miasto.pl, it presents the scene of streetracing in Tricity, Poland. You may watch or download the movie at download section at www.movie-projects.com
SZYBKIE MIASTO Chapter one, the day

SZYBKIE MIASTO Chapter one, the day

SZYBKIE MIASTO Chapter one, the day

SZYBKIE MIASTO Chapter one, the day

Drift Car on a Budget - Part 1, Choosing Your Car

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Drift Car on a Budget - Part 1, Choosing Your Car

Drift Car on a Budget - Part 1, Choosing Your Car
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How to Change Air Filter in Your Toyota

They say that you should change your car's air filter every 30,000 miles. Some even say that you should change it every 24,000! That is a lot of money that you are going to have to pay out to the mechanics every time you need that changed. The good news is that if you own a Toyota, then it is easy to do yourself. In fact, if you choose to change your Toyota's air filter yourself, you can change it more often. This is good if you live around things like road construction that goes on a lot. No matter what kind of Toyota you have, whether it's a Yaris or a Highlander, you can bet that you will be able to change the air filter yourself!

Getting Started

Whenever you are about to start changing your air filter, it's a good idea to turn off your car, and let it cold down if you have been driving it. To do this, park your car and pop your hood. This will allow the car to cool down a lot faster. Now, after you do that, you need to locate your air filter housing, and remove the cap. Depending on the type of Toyota you have, the housing could be located in different spots. Check your owner's manual if you find yourself having problems. After locating the housing, you are going to notice that the top of it is held in place with a metal clamp. This can be easily removed if you pry it off with a flat head screwdriver. If yours is held on by a screw, you, of course, want to unscrew it before trying to pry it off.

After getting it open, it will be time to remove the old air filter and discard it. This is something that you can do without having to do any kind of special discarding rules. After you take out the old filter, you may notice things like dirt and debris caught up in the filter housing. It is a good idea to clean this kind of stuff out. Of course, you cannot allow any kind of debris to enter into your throttle, nor can you allow it to get into your carburetor. After all, that is why the filter is there in the first place. After cleaning it, you will be able to install the new air filter into the filter housing in the same spot you took the old one out of. At this point, you are going to simply want to go back in reverse of what you did. You are going to want to close back up the housing, put the clamp back on, and put the screw back in it if there was one holding it in place.

Your New Car Filter

After that, you are done. It's a good idea to start up your car and make sure that everything sounds normal. Make sure that you return all screws to the right location and so on. The overall problem that a lot of people have doing this is that they allow dirt to get into the engine. This can cause very bad damage to your whole car. In fact, this can ruin your car. Thus, above all else, you have to make sure that you do not allow anything to get into your engine. Clean the area behind the filter good. As soon as the car is turned on, it is going to start sucking in air from that area. That means that if there is anything in the way, it is going to get sucked in there. That is why the air filter is a very vital part to your car. Overall, this is a very easy thing to do, and most people can do this even if they are not good at working on cars. Just make sure that if you are the one changing the filter, you are changing it every 30,000 miles or so.

How to Change Air Filter in Your Toyota

Toyota Supra

How to Change Air Filter in Your Toyota

How to Change Air Filter in Your Toyota
How to Change Air Filter in Your Toyota

Toyota Supra

How to Change Air Filter in Your Toyota

How to Change Air Filter in Your Toyota

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Supra wheelie

Supra wheelie

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Supra wheelie
Crazy fast 100+whp supra at shadyside dragway, shelby, nc 10-22-11.
Supra wheelie

Supra wheelie

Supra wheelie

Supra wheelie

How to Change Air Filter in Your Toyota

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