Skip to main content

Can Pre-Existing Injuries Ruin My Accident Case?

This is one of the questions we hear frequently in the law world, and with good reason: If you have a pre-existing injury and are considering filing a personal injury claim after an accident, there are some key factors that need to be considered.

For instance, you'll need to be able to prove that the injuries you have suffered in the car accident were not related to your prior injury. This can be easier to do if your pre-existing injury occurred many years ago and has not required any treatment for some time. However, if it was a more recent injury, you and your attorney will need to develop a strategy to show that there was no connection between the injuries you suffered in the car accident and the pre-existing injury.

No matter what, you need to be up-front and 100 percent honest with your attorney about any pre-existing injuries you may have. That way, they are prepared to deal with the issue head on, won't be caught off guard, and can build the strongest case possible.

Here's the other thing -- if you don't disclose that you had a pre-existing injury or if you lie about the injury itself or its severity, the insurance company will find out - guaranteed. Their representatives are very good at what they do, and they'd like nothing more than to catch you in a lie about a pre-existing injury. If that happens, your claim will be minimized or ruined altogether.
Labels:

Comments

Post a Comment

Popular posts from this blog

Questioned by the Police? - Don't Forget Your Rights

One of the special things about our country's criminal justice system is that if you are suspected or accused of committing a crime, you have certain fundamental rights. Unfortunately though, many people aren't aware of their rights, or, in the head of the moment, they forget about those rights. For instance, citizens who find themselves being questioned and in police custody may not even be aware that they have a basic fundamental right to have an attorney present any time they are being questioned by any branch of law enforcement. Truth is, having an attorney present if you are being quested is vitally important. Why is that? For one thing, an experienced criminal defense attorney can help you from incriminating yourself, can make sure that you don't answer questions that are designed to trick you, and can keep officers from asking the same question over and over again. Bottom line - having a criminal defense attorney on your side can help make sure that you don&#
2 comments
Read more

Your Rights When You're Pulled Over for a Supected DUI

Fact is, most people don't even know their rights if they're pulled over! Here's a quick list of the most important rights you need to know and how the conversation may go if you are pulled over: "Do you know why I pulled you over?" It's typically the first thing you'll hear. It's also deliberately designed to get you to admit to certain behavior. Be polite and simply ask, "Why do you ask?" and then wait for a response. Do not comment. That phrase "anything you say can and will be used against you in a court of law" is truer than you'll ever know, trust us. "Have you had anything to drink tonight? " If you truthfully have had nothing to drink that night, say, "No." If you've had something to drink, you don't have to share that information! Telling the officer that you've been drinking will be evidence used against you. Instead, say, "I have no statement to make." While it may seem u
Post a Comment
Read more

Full Custody, Joint Custody, and Sole Custody - What You Need to Know

We figured it might be helpful to produce a short article that summarizes the key differences among different types of custody. Full custody: this means that one parent is granted the majority of custody time and legal rights for the child. Joint custody: in this situation, the parents can split the physical custody of the child, and then have just one of the parents handle the legal custody (and, as a result, make any major decisions on behalf of the child). More common is to have parents share legal custody and then have one parent awarded physical custody. True joint custody arrangements, in which parents share both physical and legal custody equally, tend to be rare because of the logistical and personal issues involved (scheduling, added stress, disruption of the child's routine, costs, etc.) Sole custody: this means that one parent is awarded full legal and physical custody. These arrangements are rare, and are typically only set up if one parent is deemed unfit or wh
1 comment
Read more