It is extremely complicated when an injured party has to face the situation of filing a personal injury claim when they already have preexisting injuries. However, it is also very common for an individual who has pre-existing injuries to find those exacerbated after a critical vehicle accident or other personal injury incidents.
In these cases, your pre-existing injuries will need to be documented clearly and you will need a knowledgeable personal injury attorney to help you. If your doctor has indicated that this is considered a new injury that should not be attributed to a previous one or that the accident exacerbated the existing injury, you need to talk to a lawyer who has handled these kinds of complex cases before.
Sometimes bad things happen to good people more than once and this is when you may find yourself facing questions about pre-existing injuries. Having a prior injury does not prevent you from pursuing a personal injury claim completely but it is something that your attorney and your doctor need to know about right away. In order to be able to treat and diagnose your injuries to the fullest extent, medical providers need to have accurate information.
In the heat of the moment, you may be tempted to avoid telling your doctors about a preexisting injury because you are concerned that it could limit your recovery on a current injury claim. However, this could cause your provider to waste valuable money and time. Lying about or failing to disclose any previous injuries can also damage your claim for compensation. If the defense attorney or an insurance adjuster finds out about your previous injuries, the fact that you tried to hide this information will hurt your credibility even in situations in which the other party is responsible for the accident. While it might be tempting to keep these injuries a secret, it is not worth the risk and you should instead disclose them to your personal injury lawyer immediately.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney/client relationship. If you are seeking legal advice, please contact our law firm directly.