Personal injury accident victims typically lack the knowledge of the laws that are necessary to pursue an injury claim on their own. Not knowing enough about injury law is not good when you are seeking compensation, especially if you understand that insurance companies will fight you in an effort to pay you the least amount possible.

When you are already suffering from a pre-existing injury before sustaining another injury and want to file a new claim, a sly insurance adjustor or case manager will surely attempt to use this against you to either deny your claim altogether or give you less compensation that you should receive.

It's very important that you enlist the legal services of a New York personal injury attorney. The team at Brandon J. Broderick, Attorney at Law, for example, has extensive experience with injury law. We will advocate for the best possible resolution in your case.

Give us a call today for a free consultation.

What Is Considered a Pre-Existing Injury?

An injury is considered pre-existing if it existed before the accident. This injury could have occurred recently, just before your accident, or it could have occurred years before. For instance, if you previously suffered a shoulder injury from a vehicle accident that left you with injured muscles, it may be relevant to consider whether or not your current work-related injury would have been as bad if you hadn't previously suffered an injury at the same site.

This is information that would be taken into consideration by an insurance company with whom you have filed a claim with.

Before disclosing any pertinent information or giving a statement to an insurer, consult with an attorney. Give the wrong information, it could profoundly affect your claim.

Personal Injury Cases With Pre-Existing Conditions

It can already be challenging to prove that the defendant was negligent in causing your injury. To make your case, you need to show that the defendant was required to exercise reasonable care, which was violated, and this violation directly contributed to your injuries. Attorneys working for the insurance company are usually experienced and will try to place liability anywhere but their client —even, in certain circumstances, on the plaintiff. The challenge of proving your case increases noticeably when injuries recur where you were injured previously.

Attorneys for the insurance company can try to claim that your alleged new injury is just a flare-up of the previous one and was not brought on by the defendant's conduct or actions. The insurer may attempt to argue that your injury wouldn't be as severe if the prior injury had not occurred if there's enough evidence to support the claim that you were re-injured. They will essentially attempt to minimize damages.

Defense lawyers may even contend that if you have a soft tissue injury, you don't actually have an injury at all and are just making it up to be paid. Such a case can be made because it is challenging to evaluate these kinds of injuries objectively.

Pre-Existing Injury or Condition Types

There's nearly endless types of injuries, but the following are some of the most common pre-existing injuries:

• previous fractured bones
• back or neck pain
• herniated disc
• strains or sprains
• traumatic brain injury

There may also be existing medical conditions that are worsened by an accident. Examples include:

• arthritis
• degenerative disc disease
• cardiovascular disease

Damages in Pre-Existing Condition and Injury

It may be difficult to determine the specific amount of damages you should receive, even if you can demonstrate that an accident made your pre-existing injury worse. Your damages might include the costs of chiropractic care and prescription medication. Or additional damages, such as easily calculable lost wages from missing work, may also exist.

The challenge arises when attempting to quantify damages, such as pain and suffering. Calculating this in the absence of an existing injury is challenging enough. But the effort becomes even more difficult when an accident exacerbates the earlier injury. And no matter what your attorney estimates damages to be, the defendant's attorney will argue that the amount is excessive.

You're Not Alone. The Personal Injury Attorneys of Brandon J. Broderick, Attorney At Law, Can Represent You

You must persevere. You have every right to seek compensation for your losses if you are injured as a result of another party's negligence. But be aware that you might face a more difficult battle than you otherwise would in a case involving a pre-existing injury.

You are entitled to compensation for medical care, lost wages, pain and suffering, and other damages. We can help you prove this.
The New York personal injury attorneys at Brandon J. Broderick, Attorney at Law, are standing by, waiting for your call.

Call us today for a free consultation to go over the details of your case. Together, we can get you what you are due.