Can a Pre-Existing Injury Affect My Car Accident Case?

A pre-existing injury can refer to any injury or condition you had beforeyour recent caraccident. If not handled carefully, a pre-existing injury could derail yourcar accident case.

Here at Walsh Woodard LLC, we understand how such health issues mayaffect your case. To help keep you from facing such troubles, we have puttogether some information to help you prevent damage to your personal injurylawsuit due to past injuries.

How Can a Pre-Existing Condition Be Used Against Me?

To receive fair compensation, you must prove your current injuries cameabout from your recent accident. But a pre-existing condition can be astumbling block in the way.
Insurance companies or their attorneys may use your pre-existing conditionagainst you. They may cite your pre-existing injuries as the cause of yourcurrent pain. If they can argue this successfully, you will lose out on thecompensation you truly deserve.

How Do I Discredit Pre-Existing Injury Arguments?

There are ways to prove that your current injuries aren’t just the remnantsof old ones. To do so, you must show that your pre-existing injury and yourcurrent injury are not one and the same. Doing so will ensure that you receivefair compensation.

To prove this, you will need to gather as much information about both yourcurrent and your pre-existing injuries as possible. This information will offerinvaluable details needed to make your case. This is because a comparison ofthe two may prove that they are separate injuries.

For example, say your pre-existing injury only lasted a couple of days,after an accident that happened 30 years ago. If so, it is highly unlikely thatthis old injury just spontaneously resurfaced. It is more likely that yourrecent car accident injured you.

Or perhaps you experienced a different kind of pain, in a different part ofyour body, before your current accident. Now, instead of a stinging sensationin your back, you feel a sharp pain in your neck. In cases like this, it isagain unlikely that a previous injury is currently to blame.

Perhaps the pain of your previous injury has since subsided, and your doctorhas already cleared you with a full bill of health. Given this information, itwould be hard to pin your current injuries on a previous one.

Particular details will vary by case. What’s important is to find outwhether there are discrepancies between your new and old injuries. If thereare, you will be better equipped for disputing claims concerning yourpre-existing injury.

So What Steps Can I Take to Help My Case?

Discrediting pre-existing injury arguments depends heavily upon key medicalinformation. Forthis reason, it is important to take certain precautions after suffering aninjury.

First, you will want to describe your pain as best you can to your doctor.Tell them where your pain is occurring, when it occurs, and what the pain feelslike. And of course, let them know any particular details you think arerelevant to your situation. You should also keep a copy of all relevant medicalrecords, notes, and images. This way, if you are in an accident later, it willbe possible to distinguish new injuries from old ones.

When preparing for a legal battle, you will also want to be candid with yourattorney. It is important to tell them about any previous accidents you’ve beenin. You should also let them know about any pre-existing injuries you’vesustained. With this information, your attorney can better prepare your caseshould a pre-existing injury argument arise. He or she can help ascertain ifyour accident aggravated an old injury or not. By doing this, your attorney canhelp determine what compensation you deserve.

Our Hartford Personal Injury Lawyers Can Help

Proving that your current injuries are the result of your recent caraccident is possible. However, it takes careful legal maneuvering toaccomplish. Our Hartford personalinjury lawyers know how best to handle these situations.

If you’re concerned about how your pre-existing injury will affect your caraccident case, contactus here, or by phone at (860) 549-8440. We canhelp you determine your best course of action as you pursue legal action.