Can I file a personal injury claim if I was previously injured?
Yes. You would be able to secure compensation for any injuries shown to be caused by your latest accident. You could also earn support if your accident aggravated an injury from a previous incident.
Your California Traumatic Injury Lawyer would work with doctors to prove that your most recent accident caused new and serious injuries. Medical documents would play a role in showing how your latest injuries were not present before the accident occurred, even if you did have other, separate injuries from an earlier personal injury case.
Schedule a Free Consultation with a California Personal Injury Lawyer
Suffering through a long-term injury and then being injured again in an accident can be very frustrating. You may want to file a claim against an at-fault party to earn compensation to help pay for recovery. You may also worry that an insurance company will try to use a preexisting condition to reject your claim outright.
It’s a question that an experienced California personal injury lawyer can clear up for you. The best way to seek the answers you need is to schedule a free consultation with a real California Attorney at Maison Law. Maison Law offers a no-obligation, no-risk case evaluation to all injury victims. It’s a way to find out what your latest injury is worth and how a previous injury might affect your claim.
Securing Compensation After an Accident When You Have a Preexisting Condition
An accident suffered along a California freeway or in a fall at a grocery store can cause devastating injuries for victims. Unfortunately, for some, this may not be their experience with personal injury.
Victims may already have a back issue or be suffering from arthritis, or a broken bone from a previous accident before they are hurt in a new collision or workplace incident.
These injury cases can be more complex than normal liability claims. But that doesn’t mean victims should be left to pay for an all-new round of medical care, simply because they are still suffering from the pain of a previous incident.
Once insurance companies for at-fault parties find out about a preexisting condition they will predictably try to lump in that older injury with any new injuries. They will claim that your pain is caused by injuries you already had.
However, your California personal injury lawyer will be hard at work building your accident claim to show this isn’t true. They’ll work with doctors to show strong proof that your new injuries were caused by the careless act of an at-fault driver or business owner.
Three factors will be important in regards to your California accident claim involving a previous injury:
- Active Preexisting Condition – If your past injury was “symptomatic” or causing pain at the time of your latest accident, your injury may not be able to earn compensation through a new accident claim. The good news is that any new injuries shown to be caused by the most recent incident, unrelated to your past injury, will be eligible to earn financial support.
- Dormant Preexisting Condition – You can have an injury from a previous collision or fall that is considered inactive or not causing symptoms. These types of preexisting conditions shouldn’t affect your right to seek compensation for new injuries. However, insurance companies can purposely try to blame your previous injuries for new pain to avoid having to take responsibility. This is when your lawyer would bring medical evidence to the negotiating table to indicate to the insurer that they won’t be able to escape blame.
- Aggravated Preexisting Condition – In some cases, a dormant injury flares up after a new accident and begins causing pain again. This might mean additional surgery or physical therapy is needed. Fortunately, when medical charts show that the latest incident is responsible for an old injury returning, insurance companies can be held liable.
Disclosing Your Previous Injury to Your California Lawyer
Always disclose pre-existing conditions and previous injuries to your personal injury attorney. An insurance company must be made aware of your injury during the claims process. Not divulging this information can put you and your attorney in legal hot water.
If an insurance company finds out about a preexisting condition through their own investigation, they may throw out your case and provide you with no help in paying for your injury recovery. If you secure compensation without disclosing your previous injury, that information could come to light when you least expect it. An insurance company could then take you to court to recover any compensation they provided.
Contact a California Personal Injury Lawyer With Questions About a Previous Injury
After a serious accident leaves you with a major injury and perhaps re-aggravates an injury you were already dealing with, make a call to a skilled California personal injury lawyer as soon as possible.
Insurance companies will attempt to convince you that your injury costs are your responsibility because you’ve been hurt before. That’s usually not the case.
Take advantage of a free case consultation from Martin Gasparian, the founder of Maison Law. It’s a no-risk way to find out how to avoid the harmful tactics insurance adjusters use to escape taking blame for their policyholders. It’s critical that you stay informed so they can’t rob you of the financial support you need to make a full physical and financial recovery.