Having a pre-existing injury or medical condition can highly influence a plaintiff’s current personal injury claim. The defendant and their insurance company will try to use the plaintiff’s pre-existing injury as a factor to deter the blame from them. They will claim that the “new” injuries that the plaintiff suffered surfaced because the previous injuries were aggravated. When this happens, the plaintiff can expect an unreasonable settlement offer to be made.
The plaintiff should not settle for less. They need to seek legal action against the defendant to have a better chance at obtaining a fair compensation. Regardless of the new injury aggravating a pre-existing injury or being totally independent of the pre-existing injury, the plaintiff deserves what is owed to them.
The real struggle will be to prove that the new injury was separate from the pre-existing injury. How will the plaintiff prove this? The lawyer for the plaintiff will know the exact steps to take to counter all of the defendant’s tactics. Below will be described some ways that the plaintiff can prove their case while having a pre-existing injury.
Proving New Injuries While Having a Prior Injury
The plaintiff will have to prove that either they suffered new injuries or that their pre-existing injury was aggravated by the injury they sustained. The victim’s medical records are their best weapon. The victim will have to gather medical records of prior injuries and the current injuries that they endured. The physician of the victim will help determine whether the injury that the plaintiff sustained was recent or was caused by a pre-existing injury that was aggravated.
Typically, a physician will provide the plaintiff with a written narrative that will include the plaintiff’s diagnosis and prognosis. These two elements are essential to help prove the plaintiff’s case. With the doctor’s written narrative, the plaintiff would be able to show where their old injury ended and when their new injury commenced. The plaintiff needs to explain to their physician what exactly is it that they are trying to prove. Some documents that can show when exactly the new injury took place include:
A plaintiff might be confused as to whether they should disclose that they suffered a prior injury. In cases of prior injuries vs. new injuries, the plaintiff should always disclose that they suffered a previous injury. They do not want their omission of the injury to backfire later on. The plaintiffs claim can be affected by not telling the insurance adjuster about their pre-existing injuries. The plaintiff could lose all credibility and have their case go down the drain. It is always better to prevent something from happening, then to regret it later on.
Afraid That Your New Claim Will be Affected by a Previous Injury?
Without a doubt, a previous injury will affect a claimant’s new case, but with an experienced Miami personal injury attorney, along with the written narrative of a physician that shows how the pre-existing injury had nothing to do with the new injury, the plaintiff has nothing to fear. The team of personal injury attorneys in Percy Martinez’s firm know how to handle these cases. They will provide the victim with a free review of their case.
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