What if I Re-Injured My Neck or Back in a Car Accident? How Does a “Pre-Existing Conditions” Affect My Case
Many people get injured throughout life or have existing conditions, such as degenerative disc disease, that may affect an area injured in an accident. The fact that you are now in another accident that either reinjures the same spot or exacerbates an old injury doesn’t make your new injury any more your fault. But insurance companies like to hone in on these “pre-existing conditions” to argue that any symptoms are not from the car accident, and so they are not responsible.
The most important thing is to be honest with your personal injury attorney about your pre-existing condition, because the defendant’s insurance company will find out about it and use it against your claim. With notice, your attorney will get all the medical records and follow up visits from the pre-existing condition to compare with your current records so that there is clear evidence of what was caused by the new accident. In addition, they will use testimony from medical experts to help illustrate their points. Based on X-rays or MRIs taken years apart, the medical expert can testify as to how the accident affected or worsened the plaintiff’s condition. The experts will also use clinical records to compare the plaintiff’s degree of pain, extent of necessary treatment, or disability before and after the accident. Even if the plaintiff suffered permanent, serious injury from the previous accident, the expert medical witness can still show how the disability worsened by the accident.
How We Can Help You Even With A Pre-Existing Injury
If you were injured in an accident and are worried about a pre-existing condition, give our Long Island accident lawyers a call and let us help answer your questions. We provide free, no-obligation consultations to help you understand your legal options and explore the best course of action.
We work with a top-notch team of medical experts to help our clients get the maximum compensation and not fall into the pre-existing injury game that insurance companies like to play.