Prior injuries can complicate a new personal injury claim, but they don’t necessarily prevent recovery. Understanding how insurance companies view prior injuries and how they may impact your compensation can help you navigate your case more effectively. Malchow Johnson Injury Lawyers can guide you through the complex aspects of such claims to ensure you receive fair compensation for your injuries.
Understanding How Prior Injuries Affect Personal Injury Claims 
When pursuing a personal injury claim after an accident, one of the factors that can complicate your case is the presence of prior injuries. It’s essential to recognize that the nature of your previous injuries may be used against you by the defendant or the insurance company. At Malchow Johnson Injury Lawyers, we understand that prior injuries don’t necessarily mean you won’t receive fair compensation. However, they do require careful consideration when building your case. Our team works closely with medical professionals to ensure all aspects of your injuries—both past and present—are properly documented.
Insurance companies often scrutinize a person’s medical history to evaluate the extent to which prior conditions contribute to their current pain and suffering. This means that even if the recent injury is not solely responsible for your suffering, it might still be a significant factor. Insurance companies often seek ways to reduce their payout, and one method they use is arguing that your current injuries are merely a result of your pre-existing conditions.
It’s crucial to understand the nuances of how your prior injuries are considered in the context of a new claim. By addressing these issues early on with a knowledgeable attorney, you can ensure that your rights are protected.
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The Impact of Pre-existing Conditions on Your Claim
Pre-existing conditions refer to any health problems or injuries you experienced before the new accident. These conditions can have a significant impact on the way your claim is handled. For example, if you have a history of back problems and suffer a back injury in a car accident, the defendant’s insurance company may argue that your back pain was merely exacerbated by the accident, rather than caused by it.
However, it’s important to know that having a pre-existing condition doesn’t disqualify you from pursuing a personal injury claim. If the new accident aggravated your pre-existing condition, you are still entitled to compensation for the increased pain, suffering, or disability. In legal terms, this is referred to as the “aggravation” of a pre-existing injury.
For example, if your prior back injury was mild, but the new accident caused severe complications, your claim may be centered around how the accident worsened your condition. Malchow Johnson Injury Lawyers can help build a case that proves the new accident directly impacted your health, resulting in more severe consequences than what you were dealing with before.
The Eggshell Plaintiff Rule: Protecting Vulnerable Individuals
In personal injury law, there is a principle known as the “eggshell plaintiff” rule. This rule protects individuals who may have pre-existing conditions or vulnerabilities that make them more susceptible to injury. In essence, this rule holds that the defendant is fully responsible for the harm caused, even if the plaintiff’s injury was more severe than what would have occurred with a healthier person.
For instance, if you have a history of joint issues and are involved in a car accident that causes further damage, the defendant’s insurance company cannot use your pre-existing joint issues as an excuse to reduce the amount of compensation you deserve. The defendant is still liable for the harm they caused, regardless of your vulnerability to injury. At Malchow Johnson Injury Lawyers, we make sure to leverage the “eggshell plaintiff” rule to ensure that you receive full compensation for the full extent of your injuries, no matter how vulnerable you may have been before the accident.
They made everything easy for me! Even when I lost faith in the car accident where a drunk driver hit me, they helped me through every process. They were quick as they could be and made everything easier for me while being in the process of my move to Japan for the Navy, full time student, and planning my own wedding. I appreciated the help. Thank you!” - Julissa Evans I had the pleasure of allowing Mr. Leland Malchow to represent my case and I would recommend 10star rating if possible. Not only was Mr. Leland very professional and knowledgeable, he also took the time to listen to my frustrations about my situation. He offered a listening ear, as well as some kind motivational advice. Our relationship has been through business only but I would extend a hand to him and the law firm from here on out. Thank you all and God Bless." - Chris Rowland Chris Johnson is an exceptional attorney for car wreck cases. His expertise, clear communication, thorough preparation, and effective negotiation skills led to a favorable outcome. With compassion and support, he guided me through the process, making him highly recommended for anyone in need of a skilled legal advocate." - Jayko Robinett
How Insurance Companies Use Prior Injuries to Challenge Your Claim
Insurance companies may try to reduce the payout on your claim by arguing that your injuries are not directly caused by the new accident. Instead, they might claim that your pre-existing injuries are the primary cause of your pain. The insurance adjuster may attempt to dismiss your current injury as simply a recurrence of a prior condition. This can lead to an unfair reduction in compensation, especially if the insurance company fails to consider the full impact of the accident.
To successfully navigate these challenges, it is essential to have strong medical documentation and expert testimony that links your current injuries to the accident. Medical professionals, such as doctors or specialists, can provide testimony that clarifies how the new accident aggravated or worsened your pre-existing conditions. Having a skilled personal injury lawyer like those at Malchow Johnson Injury Lawyers will help you gather and present this evidence to support your claim.
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How to Strengthen Your Case When Prior Injuries Are Involved
Having a prior injury does not automatically weaken your claim, but it does make the process more complicated. It is essential to take certain steps to ensure that your case is presented as effectively as possible. Here are a few ways to strengthen your claim:
- Document Your Medical History: Before filing your claim, ensure that your medical records are updated and clearly show the extent of your prior injuries. If possible, obtain a statement from your healthcare provider regarding how your pre-existing injury has been aggravated by the new accident.
- Provide Clear Medical Evidence: Strong evidence from your medical team can help demonstrate how the new accident has worsened your prior injury. This might include imaging tests, lab results, or detailed physician notes. Clear and thorough medical documentation is vital to establishing a connection between the prior injury and the new injury.
- Consult an Experienced Personal Injury Attorney: Handling a claim that involves prior injuries can be complex, but with the help of Malchow Johnson Injury Lawyers, you can ensure that your case is properly managed. Our legal team is well-versed in handling cases involving pre-existing conditions and can guide you through each step of the process.
The Role of Expert Witnesses in Prior Injury Cases
In complex cases involving prior injuries, expert witnesses can play a crucial role in proving the connection between the old injury and the new one. These experts may include medical professionals who can explain the extent of the aggravation, as well as accident reconstruction experts who can help establish how the accident caused the injury to worsen. At Malchow Johnson Injury Lawyers, we work closely with a network of expert witnesses who can provide valuable insight into your case, helping to strengthen your argument for maximum compensation.
Prior Injuries Don’t Bar Recovery, But They Require Careful Attention
Prior injuries can impact your personal injury claim, but they do not automatically bar you from receiving compensation. If you have a pre-existing condition that was aggravated by a new accident, you are still entitled to compensation for the increased harm caused by the accident. Working with an experienced attorney from Malchow Johnson Injury Lawyers will help ensure that your prior injuries are properly considered and that you receive the full compensation you deserve.
If you are facing challenges due to prior injuries in your personal injury claim, contact Malchow Johnson Injury Lawyers today for a free consultation. We are here to help you navigate the complexities of your case and fight for the compensation you are entitled to.
If you’ve experienced a new injury that has aggravated a pre-existing condition, don’t navigate the process alone. Reach out to Malchow Johnson Injury Lawyers for a free consultation. Our experienced attorneys are ready to fight for your rights and ensure you get the compensation you deserve.