Many personal injury clients come to their attorney with a history of some prior injury or pre-existing medical condition, often involving prior neck pain, back pain, or headaches.
In some cases, the accident that caused these afflictions may have happened long ago and the client has long since recovered. In other cases, the client may still be coping with residual pain from the prior injury when the new accident happens.
When it comes to pursuing a current personal injury case, the question is: how will the pre-existing injury affect the new claim?
How Will A Pre-Existing Condition Impact Your Personal Injury Claim?
The truth is, a pre-existing condition or prior injury does not make you less entitled to compensation for the accident you were recently involved in. However, in our experience, we have seen a pre-existing injury influence personal injury cases in a variety of ways.
Here we will discuss some of the common situations that may occur when you have a pre-existing condition and choose to pursue a personal injury case so you can be well-prepared.
The Insurance Company Will Attempt to Use Your Prior Medical Condition Against You
In order to get a discount on what they have to pay you, the at-fault party’s insurance carrier has an arsenal of defenses they will attempt to raise. Their favorite defense is to argue that the injury you now claim was pre-existing and not due to the new accident.
In pursuit of evidence to support their theory, the insurance company will ask you to sign a medical authorization, which gives them unfettered access to your entire medical history. That is why all personal injury clients should never sign an insurance company’s medical authorization. It is an invasion of your right to privacy. You will be handing over evidence that may be used against you on a silver platter.
New York Law Considers You an “Eggshell Plaintiff”
If you did have a prior injury, the reality is that you are now more vulnerable to new injury. Under New York law the well established maxim is that a defendant takes the plaintiff how he finds her. Commonly, when a prior injury or pre-existing condition is involved, the plaintiff is considered an “eggshell plaintiff” (i.e. more susceptible to injury).
But despite any pre-existing condition or previous injury, you are still entitled to compensation. If a defendant’s negligence causes an exacerbation or aggravation of your existing condition or an injury that is worsened by your enhanced susceptibility, he is responsible for those consequences and you are entitled to recover under the law.
How To Get The Compensation You Deserve Despite A Prior Injury or Pre-Existing Condition
When it comes to obtaining the compensation you are entitled to following a recent accident, sharing key information with your attorney can help to ensure that your case will be handled fairly despite your prior injury or pre-existing condition.
Equip Your Attorney for Battle – Tell Your Lawyer Everything about Your Prior Injury
You should share with your attorney everything that you can remember about the prior injury.
- If the prior injury resulted from an accident, when did the accident happen?
- What medical providers were you treated by?
- How long did you treat the injury?
- Was there ever a surgery recommendation?
- Did you have an MRI?
- Had you completely recovered before the new accident?
- Did your prior injury require you to take time off work? For how long?
- Most importantly: when was the last time before the new accident that you treated the injury, and when was the last time before the new accident that you had pain?
Your attorney will need to assess and quantify how much the new accident aggravated your prior injury.
Get An Experienced Personal Injury Lawyer on Your Side
When it comes to pursuing compensation for your injuries, pain, and suffering following an accident, having an experienced personal injury attorney on your side is imperative – especially if you have a previous injury or pre-existing condition that may influence your case.
Don’t let the insurance company off the hook just because you had a pre-existing injury! Instead, consult with a personal injury lawyer who has experience handling aggravation of pre-existing injury cases.
If you’ve been injured in the Albany, Saugerties or Johnstown areas, contact the personal injury experts at Maynard, O’Connor, Smith & Catalinotto. Our skilled team of personal injury lawyers understands the legal issues involved in personal injury cases of all kinds, including those involving pre-existing conditions and prior injuries. From automobile accidents and motorcycle accidents to slip and fall accidents, dog bite accidents, and more, we have the legal knowledge and experience necessary to earn you the compensation you are entitled to.
Contact our attorneys today! Set up a free consultation and case review by calling (800) 721-3553 or contacting us online. We look forward to helping you obtain the compensation you deserve.
Looking for additional information about pre-existing conditions and pursuing a personal injury case? These resources are a great place to start:
Pre-existing Conditions: What You Need to Know – Learn about the types of pre-existing conditions and how they may impact your case after an accident.
Understanding What The Insurance Company Already Knows About You – Thinking about denying a previous injury in hopes of obtaining more compensation? Find out why you should think again and disclose as much information as possible to your attorney.
How to Choose The Right Personal Injury Attorney – Pre-existing conditions can complicate personal injury cases. Get helpful tips for finding an attorney that you can trust who can handle your case successfully.
