How Pre-Existing Injuries Can Make a Difference in Your Personal Injury Claim
In many personal injury cases, the injured party faces resistance from the opposing insurance company. This is especially true if the accident victim has a previous injury.
Of course, a person can recover damages from a previous injury if he or she suffers physical and/or mental damages that worsened that injury, but this takes a savvy personal injury lawyer.
Disclosure or Closure? If you were in a vehicle collision and suffered an injury, then you must tell your personal injury lawyer. It doesn’t matter if the injury is the same as the current injury.
If you fail to provide this information, especially if it affects the same part of your body, then you may severely harm the solidity of your case as well as your credibility.
Be aware that…If you were to minimize the outcome of a serious previous injury, then a jury might suspect the real authenticity of your current injuries.
The Soft-Shell Argument. Previous injuries may cause you to be more susceptible to future injuries. The soft-shell argument usually involves the assumption that an individual’s injuries are only associated with the most recent accident.
Beware…The law can grant damages for previous injuries aggravated by a recent accident. A personal injury attorney may be able to help your case and work to get you a fair settlement that you are entitled to.
Comparing Apples to Apples? A personal injury attorney will often work to compare medical records to prove that an accident worsened a pre-existing injury.
Additionally, a medical expert may be introduced in the case to testify how an individual’s previous injury was affected by a more recent accident. The degree of pain and the extent of care can also be compared.
Schedule an Appointment with an Attorney For Personal Injury Claim
If you were recently involved in an accident, and you have reason to believe that the accident worsened a pre-existing injury, then it is important to seek legal assistance from a reputable personal injury attorney immediately. The sooner you call a personal injury, the sooner you can tackle your case as well as your injuries.
Get on the road to recovery today. Contact the legal team at Hardesty, Tyde, Green, Ashton & Clifton today by giving our office a call at 904-414-4906.
What constitutes a personal injury?
The most common personal injury is an auto accident, but the broad definition encompasses any situation where a person suffers harm due to the negligence of another person or entity. Early identification of a personal injury is important to the legal process. Many serious injuries occur each year involving:
– Auto accidents
– Premises liability accidents such as injuries caused by a slip and fall
– Medical malpractice/nursing home injuries
– Wrongful death
– Work-related accidents
– Animal attacks
– Faulty or malfunctioning products (product liability)