I think it’s safe to say most of us know someone who’s been involved in an accident or multiple accidents before.  We’ve all heard of the lawsuits and the horrifying injuries and trauma that can come with motor vehicle accidents or other incidents.  We’ve all certainly heard the old adage that if you have already been injured you won’t get fairly compensated.  What’s important to understand about preexisting injuries is, yes, they will affect compensation for a new injury, but more important is to know why and how that is the case.  To understand that you have to understand how a preexisting injury is viewed in the eyes of the insurance companies, attorneys and possible members of a jury.  Trial Pro, P.A.
https://www.trialpro.com
250 N Orange Ave 14th Floor
Orlando FL 32801
(407) 300-0000

When a person is injured in any kind of accident it’s important they disclose any kind of injury, old or new, to your legal counsel and or insurance companies involved.  Fully disclosing your pre-existing injuries will benefit you later and assure that you are properly compensated for your injuries. Insurance companies often view your pre-existing injuries as making you more prone to new injuries.  They also often attempt to argue that your injuries did not derive from the incident you’re seeking compensation for.  For this reason, it is extremely important to make sure you disclose this information from the beginning.  You know the saying ‘honesty is key’ well when it comes to pre-existing injuries that saying holds true. Not disclosing this information could put you in a position to not be fairly compensated.

Contrary to popular belief pre-existing injuries also qualify for compensation.  Though it’s important to note that you can jeopardize your entire claim by not disclosing a pre-existing injury or a new injury to a body part that was healed and re-injured.  Insurance companies and defense counsels are often found to dig into a person’s medical history for the sake of avoiding to properly and fairly compensate an injured person. That being said re-injuring a body part does not negate the fact that you still suffered an injury at the hands of someone else’s negligence. 

Insurance companies call these re-injuries exacerbations or an aggravation of a prior injury.  Hiring a proficient legal team such as Trial Pro can help you make sure that your injuries are properly related, treated and later fairly compensated.  Our job as your attorneys is to make sure we can properly present a claim on your behalf showing the insurance company the truth behind your injuries, pre-existing or otherwise.  The best way for us to do that is with full transparency from you as a client. 

Don’t get discouraged if you have a pre-existing injury.  As we mentioned before insurance companies are still on the hook for compensating, our job is to make sure of that.  The at fault party is legally liable for all inflicted injuries as a result of their wrong doings. The best way for us as your attorneys to achieve getting you properly compensated for your injuries is by using tools such as medical records, photos of injuries or hazards i.e. for auto accidents clients often send in photos of their vehicle damage or injuries suffered to their person.  This information aids in us being able to show the insurance the severity of the incident and allows us to prove causation for your injuries.  

In many instances we have clients come to us with preexisting injuries that were healed or healing very well prior to re injury.  Oftentimes we explain to these clients that although the injury was in existence prior to their re-injury, we will work to use prior medical records, updated testing and medical treatment to relate these injuries to this new incident.  Our goal is to make sure that no matter the injury, big or small we present a strong and valid claim to the insurance company showing how well you were before the incident in question.  Without your cooperation though you can imagine the difficulty we may have doing so. 

Not disclosing this pertinent information opens the door for the insurance company or defense counsel to not only find this information but use it against you.  The insurance companies’ goal is to pay as little as possible on any claims that come through their offices. If there is something they can find to use against you they will.  Which is again why it’s extremely important to make sure you mention every little thing to your legal team.  Even if it seems irrelevant it could play a part later.  You and your legal team can also lose credibility if it’s found that you did have an injury that you dd not disclose.  It sets you up to look like you purposely concealed this information and makes your legal team look clueless to say the least. 

Our team at Trial Pro is equipped with a large network of professionals who are dedicated to making sure you receive the best treatment for your injuries.  We make sure you get the best care and our undivided attention when it comes to clearly relating and presenting your injuries.  Our job is to fight for you and the best way for us to do that is by knowing everything from the start.  We can confidently say we have handled and litigated thousands of cases for clients all over the state of FL.  We are an aggressive team of exceptional individuals geared to making sure that whether or not your injury is pre-existing we build up a solid case from a place of honesty and transparency.  In doing so we guarantee a successful outcome for your injury claim.  

Remember that when in doubt, being honest about your pre-existing injuries will allow us to present an honest claim with detailed information to show the negligence and liability that lies with the at fault party involved.  Our team’s promise is to keep your best interest in mind and work tirelessly to get you the compensation you deserve.