How Do Preexisting Injuries Affect Personal Injury Claims?

How Do Preexisting Injuries Affect Personal Injury Claims?

In some personal injury claims, the injured party might have had a preexisting injury, which could add some complications to the process. If this is true in your case, you can expect the defense to find this out and attack your claim based on the presence of a preexisting injury.

Although plaintiffs are not allowed to collect damages for any injuries or conditions that existed before the accident occurred, they are allowed to collect damages based on the degree to which the pre-existing condition was worsened as a direct result of the accident.

Therefore, at the outset of your claim, it’s important you disclose any preexisting conditions to your personal injury attorney, even if it seems completely unrelated to the injuries you suffered in the accident. A failure to disclose any pre-existing injuries or conditions, especially those affecting the same body part you hurt in the accident, could damage your credibility and the potential value of your damages.

You should also be completely honest about the seriousness of the preexisting condition. Attempting to minimize the effects of the condition could call the legitimacy of your claim into question in the eyes of insurance adjusters or jurors.

The best way to ensure you still collect damages even with a preexisting condition is to get a full collection of your medical records from before and after the accident to compare the seriousness of your condition. This will give you an easier means of demonstrating the extent to which your condition worsened after the accident.

If you would like to explore the possibility of filing a personal injury lawsuit, consult a reliable North Carolina attorney with Lanier Law Group.


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