How Does My Preexisting Injury Affect My Personal Injury Claim?

preexisting injury How Does My Preexisting Injury Affect My Personal Injury Claim? How Does My Preexisting Injury Affect My Personal Injury Claim? Image0058You have been in an accident in Providence and you want to file for a personal injury claim. But there’s one problem…

You are worried that your preexisting injuries, might affect your case or the amount of compensation you might receive.

Fact of the matter is that you will face a little resistance from insurance adjusters once they discover that you had a preexisting injury. You may or may not have collected damages for your previous injury but the recent accident you were involved in, might have made your condition worse.

The answer as to whether your preexisting injury will affect your personal injury case is Yes…it will affect the case but whether it will be in a negative or positive way relies entirely on how you choose to go about it.

Tell Your Providence Personal Injury Lawyer About Your Preexisting Condition

Your lawyer will ask you if you had any previous injuries prior to your current injuries. Don’t lie about it. And even if they don’t ask you about the injuries, make it a point to mention it to them even if you don’t think your previous injury has anything to do with your current injuries.

If you don’t tell your lawyer and the insurance adjusters find out about it, they could use the information to discredit you. Their argument would be to question whether your injuries are not from a previous accident or not.

The overall value of your claim could reduce significantly or become non-existent. If you have medical records showing that your preexisting injury was treated or you have been living with it and your accident is the cause of your current injuries, the better it will be for your case.

Your Current Injuries May Aggravate Your Preexisting Injury

If you were involved in a low impact car crash, you would have a difficult time trying to convince the jury or even insurance adjusters that your injuries are as serious as you claim they are. They might even doubt that the accident caused your current injuries.

Your Providence personal injury lawyer could argue that your preexisting injury could have weakened your condition and this made you more susceptible to more injury that is serious. So the low impact car accident aggravated your condition.

Your Personal Injury Attorney Will Compare Medical Records

The good thing about hiring an experienced and competent personal injury lawyer is their ability to be resourceful and to access data that you would otherwise not be privileged to access.

Your lawyer will obtain your previous medical records and compare them with the current ones in order to verify how the accident worsened your preexisting injury.

They can even call a medical expert to testify in court about how your accident worsened your condition. They can also use clinical records to show your degree of pain, disability, or extent of necessary care before and after the accident.

If you have suffered a permanent disability and the accident is what largely contributed to your disability, an expert witness can testify to prove this.

With a medical expert to back your case, you are likely to be awarded an amount large enough to help cover your medical expenses.

Hiring A Personal Injury Lawyer Will Help Your Case

Getting into an accident can take an emotional and physical toll on you. You haven’t even recovered from the shock of being in an accident and insurance adjusters are already demanding that you make a statement.

As if that isn’t enough, your medical bills are adding up fast and your doctor insists that you need physiotherapy in order to make a full recovery.

You are thinking of filing for a personal injury claim but you have a preexisting injury from another accident. Things can get a little complicated when you have a previous injury and you need a personal injury lawyer to help you get the justice you deserve.

By promptly and fully disclosing your previous injuries, your lawyer can compare medical records and use your previous injuries to your distinct advantage.

At Kevin P Landry, we visit our clients in their homes or in hospitals. However, if you would like to come to our Providence office, you can contact us today to learn how we can help you. Remember that our initial consultations are always 100% free of charge.

We handle a wide range of personal injury accidents including car accidents, slip and fall accidents and motorcycle accidents.

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