Personal injury claims can be complex, challenging and often, intimidating for injured victims and their families to pursue. However, most plaintiffs (the injured party) have no other means of support and depend on the claims and litigation process to recover and help pay for expenses such as medical costs, wages lost, hospitalization and rehabilitation costs, etc. As New York personal injury lawyers, one of the common questions we get from potential clients is whether they can file a personal injury claim if they have a pre-existing injury.
Insurance companies often try to use victims’ prior medical conditions against them. One of the common defenses that insurance companies and defendants raise is to argue that the injury a plaintiff is claiming was pre-existing and not caused by the recent accident. Insurance companies may ask injured victims to sign what is known as a “medical authorization” giving them full access to their entire medical history.
As the injured victim, you should never sign this because you would be handing over evidence that most likely will be used against you. When you are approached by an insurance company regarding medical records, financial records or any other information, it is best to talk to your personal injury lawyer before you agree to hand over any information.
You Can Seek Compensation
The answer to this question, though many don’t realize it, is often “yes.” There are few of us who have never ever suffered an injury in our lives. So, it is highly likely that a recent car accident or slip-and-fall accident, etc. may cause an old injury or an existing medical condition to flare up or worsen.
Some of the common conditions that may be worsened by a traumatic event such as a car accident or fall include, but are not limited to, herniated disc, hernias, lower back injuries, past broken bones, arthritis, fibromyalgia, injuries to knees and shoulders and other types of head injuries such as concussions, etc.
Under New York law, if you have a prior injury, you are viewed as an “eggshell plaintiff,” which means you are now more vulnerable to suffering a new injury, or susceptible to a new injury. The law clearly states that regardless of this issue, plaintiffs are entitled to compensation. If a defendant’s negligence causes a worsening of your existing condition or an injury, they are responsible for your damages and losses and you are entitled to recover compensation under the law.
Working with Your Injury Lawyer
When it comes to getting compensation, sharing crucial information with your lawyer can help ensure that your case is handled fairly in spite of your pre-existing condition. Here is some of the important information you should share with your attorney:
• Your medical history and list of medical providers who treated you.
• Details of your prior health condition. If that was caused by an accident, tell your lawyer about when and how that accident occurred and how long it took for the injury to heal.
• You should also tell your attorney about any surgeries you underwent.
• Were you completely recovered before the new accident? (It is important to note that you can seek compensation for your recent or new injury even if you did not fully recovery from the old or pre-existing injury).
Based on the facts and information you provide, your attorney will be able to assess and evaluate the degree to which the new incident aggravated your prior injury.
Contacting an Experienced Lawyer
If you or a loved one has been injured as the result of someone else’s negligence, experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options, and also fight hard to recover just compensation for you.
For over 46 years, our skilled accident attorneys have established a proven track record of helping injured victims get fair compensation for their losses. Our law firm recently recovered $5,600,000 for a bicyclist who was hit by a van, and $2,550,000 for another victim of a truck accident, and $3,000,000 for a pedestrian who was hit by a car, and the full $1,000,000 insurance policy for a pedestrian who was hit by a truck, and $4,625,000 for a driver who was in a car and was hit by a van, and $2,500,000 for a man who fell through an improperly secured hole.
Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys’ fee unless we recover money for you. We can also help with personal injury and medical malpractice cases in New York, New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
Other TOLL FREE phone numbers for us are:
1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
Please visit us at: www.WORK4YOULAW.com