Can You File A Personal Injury Claim With A Pre-Existing Injury?
ShareWhen you are the victim of a personal injury caused by somebody else, it makes sense that you want to pursue damages that this party should be responsible for. Matters can become more complicated when you already have an injury from another incident.
So, how do you ensure that you still get the financial damages you deserve? Here's what you need to know.
What Is a Pre-Existing Injury?
First, you need to know what counts as a pre-existing injury. These are typically injuries that existed before the accident even occurred, perhaps related to a separate accident or an illness you had before you were hurt. For example, you might have a bone fracture from a previous bike accident or degenerative disc disease. You might even have diabetes, which could cause a variety of other health conditions.
Why Are Pre-Existing Injuries an Issue?
If you make a claim against another party, their attorneys or insurance company could argue that you already had several injuries or health conditions, which could complicate the claims process. For example, you might report that you have serious back pain after a car accident. An insurance company could look into your records and see that you had whiplash from a sporting injury three years earlier. They could claim the back pain was a result of the sporting injury. As a result, they may be off the hook for paying your compensation.
Can't You Just Avoid Disclosing Your Injuries?
To make matters more confusing, you are required to disclose any injuries and conditions you already have. You could make things more difficult by refusing to disclose your injuries or trying to hide them. If you are discovered to be hiding injuries, you could lose your case completely.
Can You Still Get the Compensation You Deserve?
You may still be able to get compensation after an injury. It is important that you speak with a professional about your earlier injuries. You should disclose absolutely everything to your own attorney so that they have all the facts to work with. Your attorney cannot fight for you properly if they do not have all the facts.
You Should Hire a Personal Injury Attorney
If you already have a pre-existing injury and want to pursue a separate claim, you should have a personal injury attorney. Your attorney will help you prove that you are owed compensation, refuting claims by the other party. Call an attorney today to learn more. Continue reading more about personal injury lawyers to learn more.