In a personal injury claim, a pre-existing injury refers to a condition or injury that occurred before the accident in question. If you have a pre-existing injury, it can be difficult to know how it will impact your personal injury case in Nebraska. This article will help you understand pre-existing injuries, how they affect your case, and what you can do to protect your rights as a victim.
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Defining Pre-Existing Injury
A pre-existing injury can be any injury or condition that existed before the current accident or incident. This can include anything from prior car accidents and sports injuries to chronic health conditions such as arthritis or other medical conditions that may have been worsening over time.
How Does A Pre-Existing Injury Affect Your Case?
If you have a pre-existing injury, it does not mean that you cannot file a personal injury claim. However, it can impact the amount of compensation you receive. When you seek compensation for your injuries, the insurance company will likely investigate any pre-existing medical conditions that may have contributed to your current injuries. This will help them determine what injuries are new and what injuries were pre-existing.
The insurance company will also look at your medical records to identify any prior injuries that may have been made worse by the current accident. They will attempt to argue that you are not entitled to compensation for those pre-existing injuries or that the current accident only marginally contributed to the exacerbation of the pre-existing condition.
How to Mitigate the Impact of Pre-Existing Injuries
When you have a pre-existing injury, it is essential to take the necessary steps to mitigate the impact on your personal injury case. Here are some things you should do:
1. Be Honest About Your Medical History
It is critical to be honest about your medical history when you file a personal injury claim. This includes disclosing any prior injuries or medical conditions you have experienced. Failure to disclose this information can harm your case.
2. Follow Your Treatment Plan
If you have a pre-existing injury, make sure you are following your doctor’s treatment plan to the letter. This will help show that you are doing everything within your power to recover from your injuries.
3. Keep Detailed Records
Keep detailed records of all medical treatments for your prior injuries and any treatment you receive for your current injuries. This will help show how the current accident has impacted your pre-existing injuries.
4. Work With An Experienced Personal Injury Attorney
Working with an experienced personal injury attorney is critical when dealing with pre-existing injuries. They can advise you on how to deal with insurance companies and help protect your rights to fair compensation.
Conclusion
When you have a pre-existing injury, it is essential to understand how it will affect your personal injury case. While having a pre-existing injury can be challenging, taking the necessary steps to mitigate its impact can help protect your rights and ensure you receive fair compensation for your injuries. If you have been injured in Nebraska and have a pre-existing condition or injury, contact an experienced personal injury attorney for help navigating the claims process.