Q: How does a pre-existing injury affect my motorcycle accident claim?
There is no doubt that the insurance company for the other driver will look into your past medical history to try and limit its liability by pointing at your pre-existing injury. They do this to try and reduce the amount of money paid to you; however, your claim doesn’t have to be negatively affected.
In order to make sure your injury claim isn’t harmed by a past injury, it is critical that you are up front with your lawyer about any and all pre-existing injuries—even though you may think your past and present injuries are dissimilar. Your lawyer needs to know everything in order to deal with the insurance company correctly. Failing to disclose a past injury can hurt your credibility and weaken your injury claim.
Our job as personal injury lawyers is to show how the motorcycle accident made your pre-existing injury worse. We can do this by comparing your past and present medical tests, such as MRIs and X-rays. We can also hire a medical expert to testify how the motorcycle crash worsened your pre-existing injury. Additionally, if several months or years have gone by that you didn’t have treatment for a past injury, we can argue that you didn’t have an ongoing problem. Thus, we can point to the current motorcycle crash as the source of your pain.
Although a pre-existing injury can negatively affect your motorcycle injury claim, it doesn’t have to. If your claim is handled correctly, you will still be able to collect compensation for new physical and mental injuries and past damages made worse. We will do everything we can to get you the most compensation possible so you have money for your medical bills, lost wages, and other damages. Please call our office for a free legal consultation today at (301) 942-9118.