If you’re worried about how past injuries affect your personal injury claim, you’re not alone. It’s normal to feel confused or overwhelmed. Your medical history can impact your case, but it doesn’t mean your claim will be denied. We understand the physical pain, emotional distress, and financial uncertainty you’re facing. At our firm, we’re here to help you with care and compassion. With the right support, you can still pursue fair compensation for your current injury and suffering.
How Prior Injuries Affect Your Claim
When you file a personal injury claim in New York, expect scrutiny of your medical history. Insurance companies and lawyers will assess if your current injuries relate to the accident or if they’re just an old issue. Previous injuries can complicate your case, but they don’t disqualify you from seeking compensation.
Consider how past injuries affect the severity of your current condition. For instance, if you had a back injury before and then got hurt in an accident, the other side might argue the new injury is just a continuation of the old one. However, if the accident worsened your back or caused new issues, that counts in your favor.
Insurance Companies and Prior Injuries
Insurance companies often try to minimize payouts. If you have a past injury, they may claim your current pain is just an old issue resurfacing. This makes proving the accident caused your suffering difficult. They might argue you had similar problems before the accident, suggesting the crash didn’t cause significant damage.
Even so, insurance companies must prove their case. They need to show your accident injuries aren’t as severe as you claim. They might also argue your prior history makes your current injury expected. That’s why understanding how your past injuries affect your claim is crucial.
The Role of Medical Records
Medical documentation is vital for a personal injury claim. If you have prior injuries, your attorney must gather all your medical records. This helps explain the link between your past injuries and your current condition. Strong documentation can prove your current injury results from the accident, not just a continuation of an old issue.
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It’s also essential to show how this new injury affects you differently. For example, if an old injury needed physical therapy but the new one requires surgery, that’s significant. This difference can prove the accident is the main cause of your new suffering. It’s crucial to prevent the insurance company or defendant from dismissing your case based on your medical history.
New York Law on Prior Injuries
In New York, if you’re injured due to someone else’s negligence, you’re entitled to compensation. This includes physical injuries and the pain and emotional distress that come with them. New York follows a rule called the “take your victim as you find him” doctrine. Even if you have a pre-existing condition, the defendant is still liable for the harm they caused, especially if the accident worsened your condition or caused new injuries.
For example, if you had a shoulder injury before a car accident, the at-fault driver must pay for any damage caused to your shoulder in the crash, even if it was pre-existing. Proving the accident worsened your condition is crucial for your case.
Protecting Your Claim
If you have a prior injury and are pursuing a personal injury claim, take these steps. First, be honest about your medical history. Not disclosing past injuries can hurt your case if the insurance company finds out later. Building trust with your attorney is essential to showing the full picture of how your injury occurred.
Second, follow all medical advice and treatment recommendations. Ignoring this can hurt your credibility and make it hard to argue your injury is severe or ongoing. Keeping records of your treatments and medical visits will also help your case. Work with an attorney who understands the impact of prior injuries on personal injury claims. A knowledgeable attorney can present your case effectively, using your medical records and testimony to show your current injury results from the accident, not just an old issue flaring up.
Richard Nicotra represented my husband for a motorcycle case. His professionalism and empathy during the case was exceptional. The professionalism Displayed by the firm and staff was truly appreciated.. I highly recommend Richard and his practice for any of your needs.” - Lisa Isenberg I used Andrew Connelly after I was in a car accident, and he has been my go-to for over 10 years when anyone has asked for a recommendation for a no-fault attorney. His knowledge, patience, and professionalism go a long way in making an often difficult and challenging situation easier. He is reliable, and someone you can trust to get the job done right. The 5 stars are well deserved." - Andrea Mccarthy Rick Nicotra from the Nicotra Law Firm PC is a very honest, knowledgeable, and genuinely caring attorney. Furthermore, he is very personable and always available for you whether it be a text, email, or phone call. Rick and his team are exceptional. They treat you like family and are second to none. I would recommend Rick Nicotra and his team from The Nicotra Law Firm PC." - Chad
Addressing Pre-Existing Injuries in Your Claim
In New York, claiming for injuries needs a careful approach, especially with pre-existing ones. Highlighting aggravation, or how an accident worsened an old injury, strengthens your case. For instance, if an accident turns a minor knee issue into a major problem, this is key. It shows the accident’s impact, helping you argue for fair compensation. The testimony is also crucial. Doctors can explain your medical history and link new injuries to the accident. This counters claims suggesting old injuries are the cause.
Comparative Negligence in Claims
New York’s rule on comparative negligence affects how blame and damages are shared. Past injuries don’t imply negligence but can impact damage awards. If the other party argues your old injury played a role, they might try to lower their responsibility. To counter this, prove the accident caused new harm or worsened an existing condition. This keeps the focus on their negligence.
Pain and Suffering Claims
Pain and suffering are key in injury claims. Prior injuries can affect how these damages are valued. Your pain’s severity often relates to how much your life has changed. Detailed medical records are vital. They show how injuries impact daily life. If the accident adds new limits, like preventing work or activities, highlight this. Your team will aim to show the full extent of your suffering.
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Understanding the Legal Process
Knowing the steps in a personal injury claim can reduce anxiety. After filing, evidence is gathered. This includes medical records and witness testimonies. Your past injuries will be examined closely. Having your attorney ready is crucial. Next, negotiations with insurance companies happen. They might lowball offers, arguing not all injuries are accident-related. A skilled attorney counters these arguments and ensures fair evaluations. If no settlement is reached, the case goes to trial.
Evaluating Emotional Distress
Emotional distress is also key in claims. It can significantly impact life. Defending claims might argue pre-existing conditions negate responsibility. However, if the accident worsens conditions or creates new ones, compensation is still pursued. Documentation is crucial here.
Common Misconceptions About Prior Injuries
A common myth is that pre-existing conditions automatically weaken a case. This isn’t true. They complicate things but don’t eliminate claims. New York law protects those whose conditions worsen due to negligence. Another myth is hiding medical history to protect claims. This is a bad idea. Being honest is key. Not disclosing past injuries hurts credibility. Working with an attorney ensures the best presentation of your history.
At the Nicotra Law Firm, we know every case is unique. We’re here to help you through challenges, whether they’re about past injuries, dealing with insurers, or navigating legal processes. We believe no one should face these issues alone. Our team works hard to ensure your case gets the attention it deserves. Ready to seek the compensation you deserve? Contact us today. Let’s move towards justice and recovery together.