Understanding And Defeating Claims And Defenses Of Pre-Existing Injuries

In any negligence case, a victim needs to show that the accident caused the injuries that the Defendant suffered. To you, as a victim, this is easy: you know you were fine, pain free, or otherwise healthy before the accident and that now, post-accident, you have pain, limitation or disability.

But one way that a defendant challenges a negligence case, is on the basis of a pre-existing injury. The defendant will try to argue that the shoulder injury, depression, back pain, or whatever other pain, injury or ailment that you suffer from, was actually there and bothering you, long before the accident, and thus, could not have been caused by the accident.

Prior Records

One way that the Defendant makes this argument, is by looking through all of your prior medical records—and yes, Defendants in injury cases, once the lawsuit is filed, do have a right to get and inspect your prior medical records.

And many of us, especially those of us who are not younger, may have, at some point, had or complained to a doctor about some type of pain. As we get older, we sustain work injuries, sports injuries, or things that just hurt us, and we go to the doctor, as we should.

But then in an accident lawsuit, those prior complaints often become weapons for the Defendant to use against us.

Medical Visits

There are ways to defeat this argument, and refute the allegation that an injury pre-existed an accident.

One way is simply medical visits—if your back or neck or shoulder or whatever other part of your body really and truly hurt before the accident, you would have seen doctors or been to therapy or had some kind of continuing medical treatment. A lack of these records pre-accident, can refute claims of pre-existing injuries.

Sometimes, objective medical evidence can help. An orthopedist or radiologist can sometimes look at a scan of an injury, and tell if the injury is acute (i.e., that it just recently happened) or whether it is older, and long standing.

Life Activities

In a personal injury case, if the Defendant claims that your injury pre-existed the accident, the Defendant would have to show nearly identical symptoms and disabilities, pre and post accident.

But most of us, pre-accident, are doing things—working, playing with kids, going shopping, or whatever other life activities we normally engage in. When we can’t do those things anymore post-accident, that’s good evidence that the injuries are actually caused by the accident.

Exacerbating Existing Injuries

To win your case, you don’t have to show that you were 100% healthy before the injury. You only need to show that the injury made any pre-existing injury, worse, or exacerbated it. So even those with an injury that pre-exists an accident, can still recover damages in a personal injury lawsuit.

Don’t let the Defendant or an insurance company convince you that you don’t have a case. We can help you fight back. Contact our Rhode Island personal injury lawyers at Robert E. Craven & Associates at 401-453-2700 today.

Sources:

nolo.com/legal-encyclopedia/what-if-my-accident-made-a-pre-existing-injury-worse.html

lawinfo.com/resources/personal-injury/pre-existing-conditions-in-personal-injury-claims.html