Will a Pre-existing Injury Affect my Personal Injury Claim?
- I have an old back injury that flares up from time to time; will this pre-existing injury affect my personal injury claim?
- My tore my ACL in college years ago, will this pre-existing injury affect my personal injury claim
The answer to these questions is Maybe. There are many factors that must be considered before you can ascertain how much your pre-existing injury will affect your personal injury claim. Of course, the defense will try to use this injury to eliminate their liabilities completely. A skilled Denver personal injury attorney, however, will know how to best use this pre-existing injury to help you receive the compensation you deserve. Just because you have a pre-existing injury does not mean you can’t obtain compensation and win your claim.
DISCLOSING PREVIOUS INJURIES WITH YOUR PERSONAL INJURY ATTORNEY
The most important thing in an injury case is to disclose all pre-existing injuries honestly to your attorney. Failure to disclose this information can discredit your word and will be used to show that you aren’t trustworthy. This alone is enough to damage your overall claim.
Nearly everyone has some type of old injury-and the older we get, those injuries continue to add up. This alone isn’t a reason to be denied compensation, however. If the pre-existing condition was not causing you discomfort prior to the accident, then the “at fault” driver is still 100% responsible for your injuries. If your pre-existing injury was causing you discomfort prior to the crash, then the “at-fault” driver is responsible for the degree that the accident worsened your condition.
Affect of Pre-existing Injuries
Jim had a history of a herniated disc in his back. This disc would cause him pain whenever he sat for prolonged periods of time at his work desk. While occasionally painful, it did not stop Jim from enjoying a full and fairly active lifestyle. After his car accident, however, the herniation worsened and he was unable to work for more than 2 hours without pain medication. He was no longer able to drive for more than 30 minutes at a time, and he frequently avoided outdoor activities due to back pain.
In this scenario, it is obvious that the car accident significantly worsened Jim’s already existing herniated disc. The “at-fault” driver would still be responsible for the worsened condition of the injury.
A skilled defense attorney will argue that the pre-existing condition was worse than you testified. They may drag out old medical records from the past to establish that your condition is no worse today. Due to the nature of these arguments, it is imperative that you retain an experienced Denver personal injury attorney to fight aggressively for the compensation you deserve. Clinical records may need to be compared, expert medical testimony secured, and pain levels examined.
Contact Denver Personal Injury Lawyers
The experienced Denver personal injury lawyers at Denver Trial Lawyers ® have the experience and resources needed to fight for you after a serious accident. In a free consultation, a Denver attorney at Denver Trial Lawyers ® can inform you of your rights, educate you about the legal process, and discuss how we may be able to obtain compensation for you.