How Do Pre-Existing Injuries Affect My Personal Injury Claim?

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We find that there are usually 3 defenses to a case. 1) The impact could never have caused that injury, 2) gaps in treatment if you don’t see a doctor fast enough or long enough, and 3) that the client has a preexisting injury.

Statistically people over the age of 35 have documented changes to their spines, particularly as a result of the natural aging process. A lot of people have spinal trouble and figure they can’t claim because they already had issues. That is not the case.

The most important part of your personal injury case is to make sure to tell your lawyer about all of your previous injuries. It will be found out one way or another during the investigation so it is crucial to tell us about everything so that we can begin building a case immediately. We will personally go through all of your records. If you have prior conditions this does not mean you get nothing. Keep in mind most people in life get hurt doing one thing or another. A judge or jury will be able to see that your foot injury is obviously not related to your new spinal injury.

What strategies are we able to use if you’ve been hurt before? For one, what if you already healed from your previous injury? If you were seeing a doctor and there are records showing ample improvement over time, we can argue that yes, you were injured, but this accident caused a flare up of old issues.

Another thing that sets us apart, and also can help your case, is that we don’t doctor shop. Doctor shopping is what some lawyers do to find a doctor that they know or have worked with before. We believe that going to your own doctor is better. Your doctor knows you, your body, and your preexisting conditions. They will be able to attest to your prior improvement of an injury and it will sound a lot better coming from a doctor who knows you rather than a completely new doctor who is just reading records.

Make sure that you retain an attorney to comb through your medical records for your personal injury case. Call us today for a free consultation so we can help you be whole again.