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Personal Injury Blog Post

What Effect Do Pre-Existing Injuries Have on a Personal Injury Claim?

In some personal injury cases, you might experience some opposition from the defendant’s insurance provider if you had a pre-existing injury or condition before your accident. While you are not allowed to collect damages for conditions that existed before an incident occurred, you are allowed to collect damages for pre-existing conditions that were worsened as a result of the accident in question.

At the beginning of your claim, you should make sure to disclose all pre-existing conditions to your attorney, even if they seem completely irrelevant to your case. A failure to disclose any such condition, especially one affecting parts of your body injured in the accident, could damage your credibility and the potential value of your claim. Insurance claim adjusters or juries might not take you seriously if you try to minimize or hide those injuries, and could even suspect you are exaggerating the legitimacy of your current injuries.

Compiling your medical history

You should also collect your medical records from before the latest injury occurred so that you and your lawyer can compare the amount of pain you suffered and the types of treatment you endured before and after the accident. By demonstrating an increased degree of pain or greater necessity of medical attention, you can show you deserve to receive damages based on a worsened condition.

Simply put, your best strategy is to be as transparent as possible with your medical history when going into a personal injury lawsuit. It’s better to provide more information than needed than to be selective with the information you provide and risk having your credibility called into question.

To learn more about how to proceed with your personal injury claim, contact a respected San Diego attorney at Thorsnes Bartolotta McGuire.

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Thorsnes Bartolotta McGuire
2550 Fifth Avenue, 11th Floor
San Diego, California, 92103-6612 USA