Posted on: June 24, 2014
When filing a personal injury claim, preexisting injuries and lawsuits may affect your case. While all injury claims are unique, plaintiffs often face opposition from insurance companies based on this specific factor. Even if your condition worsened as the result of a recent accident, defense attorneys will often use this information to discredit the legitimacy of your claim. Whether or not you were collecting damages at the time of your latest incident, you may be entitled to compensation if additional injuries were sustained.
From the moment you decide to file your claim, it’s important to disclose all previous injuries and preexisting medical conditions, even if they aren’t related to the latest injury. Failing to mention preexisting conditions and lawsuits can have a negative effect on the value and credibility of your claim. An adjuster or jury will likely begin to question the legitimacy of an injury if you consistently downplay past ailments. When meeting with your selected attorney, it’s best to get everything out in the open.
It’s also important to keep in mind that the condition you were in at the time of the accident is the condition which all additional damage will be based off of. For instance, any further aggravation of your condition or existing injuries should warrant additional compensation. This factor makes it even more important to provide the court with records of all prior lawsuits and medical records. In instances of minor auto collisions, this information can play a huge role in the settlement you ultimately receive.
It is possible to utilize your past injury claims to your advantage.
Previous injury lawsuits may give you the ability to compare past medical records and diagnostic tests with more up-to-date documents. Even if you’ve sustained another injury on top of your preexisting injury, the court should now be able to verify how the accident worsened your condition.
Taking unrelated X-rays or MRIs into account, medical professionals will be able to testify, and speak of the ways the latest accident affected a plaintiff’s condition. Witnesses will also be able to use clinical documents to compare the plaintiff’s pain levels, extent of necessary care, and disability before and after the accident.
With all that being said, it’s important to talk to an attorney that knows how to handle your legal history. If you happen to reside in Greenville, Columbia, Orangeburg, or Charleston, SC, the folks at George Sink, P.A. Injury Lawyers can handle your claim with the utmost care. Speak with a member of our legal team today. Call 24/7 to schedule a free case review.