When you are involved in an accident because of the negligent actions of another person, it can be devastating. However, when you were already managing an injury prior to the accident, you may worry about the impact that it will have on your case. As such, if you have pre-existing injuries, regardless of whether or not they are made worse by the negligence of another person, knowing how to navigate these matters is critical. The following blog explores what you should know about these complications and the importance of working with our Irvine personal injury lawyers to explore your legal options.
As the name suggests, a pre-existing injury is an injury you have already endured prior to an accident. For example, you may have torn your ACL while doing yard work. However, while you are still recovering, you may slip and fall in a grocery store because of an unmarked wet spot on the ground. If this is the case, it can not only cause new injuries, but it may exacerbate your current condition.
Common pre-existing conditions can include, but are not limited to, the following:
You should also note that certain medical conditions can constitute pre-existing conditions, like arthritis or osteoporosis.
The existence of a prior injury can have a considerable impact on the outcome of a new personal injury case.
First and foremost, it is critical to ensure that you are completely honest with your personal injury attorney regarding the existence of pre-existing injuries. Even if the injury does not seem relevant, if you do not disclose this information to your attorney and it is uncovered by the negligent party’s insurance, who will have access to your medical records, it can ruin your credibility in court. The court may assume you are attempting to defraud them and your credibility will be questioned. As such, being upfront and honest about these conditions is critical and allows your attorney to properly strategize early on to ensure your case is set up for success.
You should note that, often, an accident can make a pre-existing injury worse. However, the insurance company may try to dispute this, claiming that the pain you are experiencing is exaggerated to receive more compensation. However, working with an experienced attorney can help you prove the existence of not only your prior injuries, but also new injuries you have endured as a result of the other party’s negligence.
As you can see, fighting for justice and the compensation you deserve can be incredibly difficult, especially when the insurance company for the negligent party will do everything possible to dispute your claims. It is in your best interest to connect with an experienced attorney with California Personal Injury Law Firm, APC. Our team understands how hard these matters can be to navigate, which is why we will do everything in our power to help you fight for justice. Contact us today to learn more.
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