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Will my prior injury or my prior medical condition ruin my automobile injury claim for damages?

Do realize that at some point in your current case the claims adjuster will discover that you had a prior injury, a prior claim and possibly a prior medical condition (a chronic neck or back or hip condition not related to any claims).

Full disclosure is mandatory but just when you provide that full disclosure is a key factor. Do not give a recorded statement to an adjuster without an attorney being present. You will also need to obtain all prior medical records to determine the relationship of the old injury to the new automobile accident injury.

Your lawyer needs to try and obtain from your former medical providers the nature of your old injuries and when you were completely healed and reached maximum medical improvement from those injuries.

It gets much more problematic if you had a prior accident that produced a minor strain or sprain, got extensive treatment, hired an attorney and the attorney argued in his settlement demand that you will need treatment for “the rest of your life” due to the severity of this prior injury. How can you say that your prior injury was of no significance when the lawyers makes such a statement on your behalf?

But if your prior injury has healed or your medical condition is not now painful, and then you were negligently injured by another driver, you should still be entitled to just and fair compensation for your current injury.

A fair settlement will involve collecting all old records possibly getting the doctor for the old injury to issue a statement or a report addressing your condition when the doctor dismissed you so that you can prove your new injury was NOT a mere continuation of your prior accident or medical condition.

Adjusters look to every possibility to lower the value of your injury claim. Pre-existing condition is one of the elements they like to use in their bag of tricks. If you document, document and give full disclosure, it will not allow the adjuster to hit this target

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