Q If I have suffered from prior injuries do I a still have a claim in injuries in my recent accident?
Anytime you're involved in an accident, where it is not your fault, you are entitled to the damages for any aggravation of your pre-existing condition. It takes a very careful analysis of your medical records to succeed in such cases. Many times you even have a hard time describing the difference between your symptoms. However, an Orange County personal injury attorney can carefully examine the records to determine the difference and changes in objective findings by doctors, and your subjective complaints over a course of time. By doing this careful examination, the attorney can be your advisor on how to respond to questions about your prior condition and also the changes experienced by you after an accident.
In fact, one of the specialties of our office has been a successful negotiation of cases involving very significant pre-existing history. Many attorneys turned down these cases simply because they are lazy or don't want to do the work. It is not easy, but it must be done. The medical records for all of your health care providers have to be obtained and reviewed. Detailed notes of the content of those records have to be developed and compared. Eventually, a pattern emerges describing and giving a picture of your previous condition, and comparing it to your new condition.
Don't expect your doctors to be able to do this. Not only do they lack the time to carefully go through medical records, they also do not know what to look for.
Don't think that you can simply testify to your recollection and expect to recover for your accident injuries. The insurance company will hire medical doctors to review your records and find consistencies that support their argument that you were not injured or not significantly injured in your most recent accident. Therefore it is very important for you to contact a Orange County injury attorney early if you have a significant pre-existing history, before you give medical records and/or statements to your insurance company or anyone else.
Our office will obtain a medical records for you, and review them at no cost to you. We will advise you of your pre-existing history, and how you should respond to questions about the changes in your symptoms after an accident. Call us at 1 866-981-5596 or contact us.