When you’re involved in a personal injury case, your accident history and prior injuries can significantly impact the outcome. These factors are carefully examined in court to determine the extent of your current injuries, liability, and the compensation you might receive. Understanding how your past injuries play a role can help you handle the legal process more effectively.
Importance of Accident History
Your accident history includes any previous incidents where you sustained injuries, whether they were from car accidents, slips and falls, sports injuries, or other events. This history is important because it can influence how your current injuries are perceived and valued in court.
Establishing a Baseline
In personal injury cases, establishing a baseline of your health before the current incident occurred is essential. This baseline helps the court understand the extent of your injuries caused by the recent accident compared to any pre-existing conditions. Medical records, doctor’s notes, and previous injury reports are used to create this baseline.
For example, if you had a pre-existing herniated disc that was relatively stable before your current accident but has worsened significantly due to the new incident, the court needs to determine how much of your current pain and disability is attributable to the recent accident versus your previous injury.
Pre-Existing Conditions
Pre-existing conditions are health issues you had before the accident. These conditions can complicate personal injury claims because the defense might argue that your current pain and suffering are primarily due to these pre-existing conditions rather than the recent accident.
For example, if you have a history of back problems and you’ve reinjured it in a car accident, the defense may claim that your ongoing back pain is more related to your chronic condition than the accident itself. This argument could potentially reduce the compensation you receive.
Proving Worsening of Pre-Existing Injuries
One of the challenges in personal injury cases involving pre-existing conditions is proving that the accident worsened your prior injuries. This often requires detailed medical evidence showing how your condition has changed since the accident. Medical experts may need to testify about the differences in your health before and after the incident.
For instance, if you had a herniated disc that was managed with physical therapy and occasional medication before the accident, but now you require surgery, this escalation of treatment can help demonstrate that the accident significantly worsened your preexisting condition.
Role of Medical Records
Medical records are vital in these cases. They provide objective evidence of your health history and the treatment you received before and after the accident. Consistent and thorough medical documentation can make a significant difference in proving that your current injuries are related to the accident and not just a continuation of your pre-existing conditions.
Insurance Company Tactics
Insurance companies often scrutinize your accident history and prior injuries to minimize payouts. They may argue that the injuries are not as severe as you claim or that they are primarily due to your pre-existing conditions. Being prepared for these tactics can help you counter them effectively.
Strategies to Address Prior Injuries
- Be Honest – Always be honest about your medical history. Trying to hide previous injuries could damage your credibility and harm your case. Full transparency with your lawyer and medical providers is essential.
- Gather Evidence – Collect all relevant medical records, including those related to your pre-existing conditions. Detailed documentation can help distinguish between your old injuries and the new ones.
- Medical Expert Testimony – An expert witness, such as a doctor who understands your medical history and the impact of the recent accident, can provide valuable testimony to support your case.
- Document Your Symptoms – Keep a detailed record of your symptoms and how they have changed since the accident. This can help show the difference between your condition before and after the accident.
Impact on Compensation
Your compensation could be influenced by how effectively you demonstrate that the accident worsened your pre-existing condition. Courts and insurance companies consider the degree to which your prior injuries were aggravated and how this affects your current quality of life.
Common Pre-Existing Conditions
Several common pre-existing conditions frequently arise in personal injury cases:
- Back Injuries – Conditions like herniated discs or chronic back pain can be complicated by new accidents. Demonstrating the aggravation of these injuries requires clear medical evidence.
- Neck Injuries – Prior neck injuries, such as whiplash, can be worsened by car accidents. It’s essential to show how the recent incident has impacted these pre-existing issues.
- Joint Problems – Injuries like arthritis or previous joint injuries can be worsened by accidents. Detailed medical documentation can help illustrate the increased severity of these conditions.
- Hernias – Pre-existing hernias that are reinjured in an accident can lead to significant complications. Showing the difference in symptoms and treatments required after the accident is vital.
Reinjuring Previous Conditions
Reinjuring a previous condition, such as a herniated disc, can complicate your case. Demonstrating that the new accident caused a significant worsening of your symptoms is key. For example, if you were managing a herniated disc with conservative treatments but now require surgery after the accident, this indicates a substantial change.
Legal Considerations
Several legal considerations come into play when dealing with prior injuries in court:
- Disclosure – Full disclosure of your medical history is essential. Failing to disclose previous injuries can undermine your credibility and weaken your case.
- Causation – Establishing causation is critical. You must prove that the accident directly caused the worsening of your pre-existing condition.
- Comparative Negligence – In some cases, the defense might argue comparative negligence, suggesting that your preexisting condition contributed to your injuries. Understanding how this legal concept works in your jurisdiction is important.
The Role of Your Lawyer
Your lawyer plays a vital role in managing how your accident history and prior injuries are presented in court. They can help gather and present evidence, work with medical experts, and develop a strategy to counter any attempts to downplay your injuries.
Practical Steps to Take
Here are some practical steps you can take if you have a preexisting condition and are involved in a personal injury case:
- Seek Medical Attention – Immediately seek medical attention after the accident and follow all treatment recommendations. Prompt and consistent medical care is essential for documenting your injuries.
- Communicate Clearly – Communicate with your lawyer about your medical history and any previous injuries. This transparency helps in building a strong case.
- Maintain Detailed Records – Keep detailed records of all medical treatments including those for your pre-existing conditions. This includes doctors’ notes, treatment plans, and any changes in your condition since the accident.
- Follow Legal Advice – Trust your lawyer and follow their advice closely. They have the experience to work through the complexities of your case and they will guide you on the best strategies to use.
Conclusion
Your accident history and prior injuries play a significant role in personal injury cases. Understanding how these factors are used in court can help you prepare and present your case effectively. By being honest, gathering comprehensive medical records, and working with your lawyer, you can better demonstrate how the accident has impacted your pre-existing conditions.
In personal injury cases, thorough preparation and clear evidence are key to achieving fair compensation. While dealing with prior injuries adds complexity, with the right approach and legal support, you can obtain the compensation you deserve.
Put Your Case in the Hands of Experts
At the Nava Law Group, P.C., our personal injury attorneys are committed to treating each case with the unique attention it deserves to achieve successful outcomes. If you’ve been hurt due to someone else’s negligence, whether in an auto accident or at work, your quality of life is jeopardized. We will work to restore your previous lifestyle by holding the negligent party financially accountable. We work to meet both the immediate and long-term needs of our clients. Our client-focused approach has consistently resulted in positive feedback from those we’ve helped, who appreciate our dedication during their times of need. To schedule a free consultation for your case, contact us via our website or call our offices at 713-661-9900.
