When you are in an accident you are entitled to be reimbursed for all of the injuries you suffer. But what do you do when you are already hurt, or have a condition that existed prior to the wreck? Sometimes a new accident can aggravate an old injury, or cause a pre-existing condition to worsen. Questions often arise as to whether you can seek compensation for the aggravation of an injury, or an increase in pain to a pre-existing injury. This is a tricky area of the law, and it is critical to proceed with caution when brining up these types of issues.
Generally speaking you can seek compensation for the aggravation or increase in pain that results from a new accident, to an existing injury. But, there are a few ways a pre-existing injury can hurt your personal injury case. These include:
- If the accidents are close together in time, it can be difficult to determine which incident caused the injury. If you are unable to pinpoint the cause of an injury, it is hard for a jury or insurance adjuster to come to the conclusion that the current accident is the cause of your pain. Without proving causation, you may be left without a remedy.
- Pre-existing injuries can also hurt your credibility, because there are those people that sit on juries who believe other people exaggerate their pain just for the sake of making a claim. The best policy in this regard is honesty, which might mean you have to disclose all of your injuries upfront when making your case. This approach can seem scary, because laying out your medical history seems like an invasion of privacy, but when you are in charge of the information being provided you can present it in a light most favorable to your position.
We have experience helping hurt people seek compensation for their damages. This includes knowing how best to address a pre-existing injury, while aggressively pursuing remedies that make sense. Call us today for more information, and allow us to fight for a full and fair compensation for you.
If you have been in an accident and have questions about pre-existing injuries, call us for answers. Let an experienced attorney help you figure what is best for you. Call a Bloomington, Minnesota personal injury attorney today.