Contact An H&M Attorney
(618) 641-9189
blog home Personal Injury Can a Prior Injury Affect Your Personal Injury Claim?

Can a Prior Injury Affect Your Personal Injury Claim?

By John Hipskind on February 1, 2016

Moving forward with a personal injury claim while having a preexisting injury can be challenging. Insurance companies are looking for any excuse to deny or devalue a claim. Adjusters like to claim that “new” injuries are just an aggravation of an old injury. But you have the right to compensation for your injuries after being hurt by another driver, whether those injuries are an aggravation of a previous injury, or completely separate. The key is in obtaining the needed evidence…and talking to a good lawyer.

First, if you can’t prove that the other guy was at fault for the accident, you have no claim, no matter how badly you’re injured. State laws vary, but to establish liability on the part of that driver, you have to show:

  • That the at-fault driver owed you a duty of care.
  • That he (or she) breached that duty by acting negligently.
  • That his (or her) actions caused the accident and your resulting injuries.

We recommend presenting strong evidence like your medical records and bills; photos or video of your damaged car, the scene, and your injuries; police reports; and eyewitness statements. However, proving the defendant’s liability is the trickiest part – you might want a lawyer to guide you on that.

How Do You Prove NEW Injuries?

Medical records are the best proof of your injuries, hands down. You’ll need your “old” medical records highlighting any prior injuries, and records from after the accident with your current injuries. Some might overlap in treatment, which is expected with aggravated injuries. If you have a preexisting condition, the best thing to do is see a new medical provider for your new injuries. Then, have the provider write a letter stating which treatment is related to the preexisting injury and which is related to the new accident.

Make Sure You Apply “Full Disclosure”

There is nothing more destructive to your claim than getting blindsided at your deposition. For this reason, it is best to disclose any preexisting injuries to the adjuster right away. If it is a more recent injury, work with an attorney who can help establish that your injuries from the car accident are not associated with your old injuries. Definitely be honest about your preexisting condition with your attorney!

If you or someone you know was injured due to another person or entity’s negligence, please call an experienced Illinois personal injury attorney at Hipskind & McAninch, LLC, for a FREE CONSULTATION at (618) 641-9189 or email us at info@hm-attorneys.com.

Related Articles:

Posted in: Personal Injury

Give us a call at (618) 641-9189

We’ll talk about your options, and
get you the justice you deserve.

Discuss your options with
the H&M team, free.

  

All submissions are confidentially
reviewed by an H&M attorney.

  • …Brady was easy to communicate with and available to speak with during non-business hours
    - Cassandra Sissom on google

  • …He educated me on my options so I could make the best decision for me and my family…
    - Lashone Muldrow on google

  • …To say he works hard to ensure the rights of his clients are upheld is an understatement…
    - Eleanor Stegall-Hughes on google

  • John was a Godsend for me. He worked with me on my divorce and got me everything I needed…
    - Jennifer Poenitske on google

  • …Brady was easy to talk to and made sure I knew everything about the case as it progressed…
    - Nicholas Gaebe on google

  • …Truly the best help I have ever received and I couldn’t be more thankful for your dedication…
    - Jordan Vartanian on google

  • …I couldn't have had a better person to help me out in such a critical matter…
    - Dane Stotts on google

  • …He helped me and my wife with a case we thought we would never win. Thank you very much
    - Branden Honchel on google

  • …All of my goals were achieved in such a timely, professional, friendly, and diplomatic manner…
    - Michael Lirios on google

  • …It makes you feel good when your attorney listens and takes your opinion into consideration…
    - Sharon Miller on google

  • …I will absolutely use this firm should I need additional representation in the future…
    - Lisa Kortkamp on google

  • Takes a personal interest in your case with speedy results. Very much appreciated…
    - Vanessa Johnson on google


Discuss your options with
the H&M team, free.



  

All submissions are confidentially
reviewed by an H&M attorney.