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The Impact of Pre-Existing Injuries on Personal Injury Claims

Updated: Jan 28

In personal injury lawsuits, pre-existing injuries can play a significant role in determining liability and damages. These injuries refer to any health conditions or physical impairments that the plaintiff had prior to the accident or incident that caused the personal injury.

Aggravated Injury Examples

The Role of Pre-Existing Injuries in Personal Injury Claims

Understanding Pre-Existing Injuries

  • Types of pre-existing injuries (chronic conditions, previous accidents, surgeries, broken bones, etc.)

  • Importance of disclosing pre-existing injuries to your attorney.

Assessing Causation and Aggravation

  • Determining if the current injury is related to the pre-existing condition

  • Establishing the extent to which the pre-existing injury has been aggravated by the accident

  • Expert medical opinions and their role in assessing causation and aggravation

Impact on Damages

  • Reduction of damages due to pre-existing injuries

  • Calculation of damages considering pre-existing conditions

  • Burden of proof on the injured party to demonstrate the impact of the accident on the pre-existing injury

Strategies for Dealing with Pre-Existing Injuries in Personal Injury Claims

Gathering Evidence

  • Obtaining medical records and history

  • Collecting witness statements

  • Consulting with medical experts

Presenting the Case

  • Building a strong narrative that highlights the impact of the accident on the pre-existing injury

  • Demonstrating the exacerbation of the pre-existing condition

  • Presenting expert testimony to support the claim

Negotiating with Insurance Companies

  • Anticipating arguments from the insurance company regarding pre-existing injuries

  • Countering insurance company tactics to minimize compensation

  • Utilizing legal strategies to maximize the compensation for the injured party

Pre-existing injuries can complicate personal injury claims, but with careful preparation and effective presentation, it is possible to secure fair compensation for the injured party. Understanding the role of pre-existing injuries and employing appropriate strategies can help navigate the complexities of personal injury claims and ensure a fair outcome.



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