When a person has a pre-existing injury and is involved in a car accident or other type of accident, they often believe that they don’t have a right to ask the at-fault party for compensation for making those injuries worse. The fact of the matter is that a person does have the right to request compensation for pre-existing injuries becoming more aggravating. This includes both worsening physical problems as well as worsening psychological problems.
If you’ve been injured in any type of accident and it has made a pre-existing condition worse then we recommend you contact Law Offices of Fernando D. Vargas at 909-982-0707 right away. We’ll start you off with a free legal consultation so you’ll know exactly what your options are. Read on to learn more about how to handle this situation and know that we are here for you.
It is essential that you always disclose any pre-existing injuries to your attorney
If you have any type of previous injury then you want to tell your personal injury attorney about it. Even if it seems unrelated to your new injuries, the truth is that if you fail to disclose your injury and it comes up in court, your attorney will be blindsided. It may be used by the defendant as evidence that you aren’t credible and it could reduce the damages you’re eligible for.
A person with a pre-existing injury is more likely to be injured in an accident
In the world of personal injury law, a plaintiff that has a pre-existing injury is often referred to as a “soft-shell plaintiff.” This just means that a person has a higher likelihood of being injured in a new accident – even if the accident was minor enough that it would not have caused an injury to a person who had not been previously injured.
One common example is a low impact car accident. If a person already had a back injury or a neck injury, then they could be more prone to get injured in a seemingly minor car accident. The jury may be skeptical if they hear that a healthy person was injured in such a minor accident, but when your personal injury attorney explains to them that your injury makes you more vulnerable, it can help to erase doubt the jury may have.
It’s essential to have detailed medical records
One of the most important things in a personal injury case like this is that you have detailed medical records. This is why even minor injuries should be seen by a doctor. For example, if you hurt your neck and it takes three months to heal, but you never see a doctor about it, that could affect your future ability to win damages in a personal injury case.
No matter where you’re at today, your next move is to contact Law Offices of Fernando D. Vargas at 909-982-0707. We are here to help you by offering a free legal consultation and getting you back on track. Call today to find out what your options are.
