Will a Preexisting Injury Make it Impossible for me to Recover Monetary Compensation?
No. If you have been injured in the past, even if you have been injured multiple times in the past, you can recover monetary compensation for new injuries caused by other parties’ negligence. However, you can potentially face more difficulty having your claim accepted by the insurance provider if you have a previous injury in your medical history. This is one of the many reasons why it is in your best interest to work with an experienced personal injury lawyer to file and pursue your personal injury claim. An attorney knows how to prove that your injury is an entirely new injury caused by another party’s negligence, rather than simply an aggravation of a previous injury.
Evidence you Need to Provide
To prove that you have a valid personal injury claim, you need to provide sufficient evidence to show that you are facing specific expenses as a result of your injury that was caused directly by another party’s negligence. This evidence can include photographs of the accident, testimonies from witnesses, documentation of your time spent out of work to recover, and a testimony from your doctor about your injury and your projected recovery needs.
This final piece of evidence, testimony from your doctor, is especially important if you have a preexisting injury. This is because your doctor can discuss your current injury in depth, demonstrating that your previous injury healed completely and that you are dealing with a completely new injury. This is crucial – if you cannot prove that your new injury is not simply an aggravation of an old injury, you might not be able to recover a sufficient amount of compensation to cover your needs.
Old medical paperwork can also work to your advantage when you need to prove that you are dealing with a completely new injury. This is because the documentation of your previous injury can show where you were injured previously, how you were injured previously, and that you made a full recovery. Even if you did not make a full recovery, this paperwork can show the extent to which you did recover, making it clear where issues from your old injury end and your new one begin.
One thing to keep in mind if you have a previous injury is that you should never attempt to hide it. Disclose everything to your lawyer and the insurance provider with your claim. If you attempt to cover up a past injury, this can reflect poorly on you and hurt your claim’s chance for success.
Work with an Experienced Winter Park Personal Injury Attorney
Working with an experienced lawyer who can negotiate with the insurance company on your behalf is one of the best ways you can help your claim reach a successful settlement. To learn more about the specific issues you need to consider as a victim who has suffered other injuries in the past, speak with one of the Winter Park personal injury attorneys at Hornsby Law. During your initial legal consultation, our team can answer your questions and determine the type of evidence you need to prove your claim’s validity.
