banner

How Does a Prior Injury Affect a Current Personal Injury Claim?

The U.S. Department of Transportation and National Highway Traffic Safety Administration (NHTSA) reports that in 2012, an estimated 2.36 million people were injured in motor vehicle accidents. These accidents resulted in 33,561 reported fatalities. This was the first statistically significant increase since 1995.

When you are injured in an automobile accident that was caused by the negligence or recklessness of another party, you may be entitled to monetary compensation. However, what if your injuries are not “new” injuries, but rather an aggravation of your pre-existing injuries? Are you still entitled to compensation? If so, will you only be offered a minimal settlement figure? These are all questions that will be discussed in this article.

Old or New Injuries – You Are Still Entitled to Compensation

Chances are, if you file a personal injury claim for new injuries that in any way resemble prior injuries, the insurance adjuster assigned to your case will most likely tell you that your “new” injuries are simply an aggravation of your pre-existing injuries and that you are not entitled to much compensation, if any.

Regardless of how the adjuster puts it, you do not have to accept it. The facts are simple. You were injured in an accident that was caused by the insurance carrier’s insured and you are entitled to compensation for those injuries – whether the injuries are an aggravation of previous injuries or new and separate injuries. This mind set applies to all types of accidents, not just automobile accidents. Nevertheless, obtaining fair compensation can be challenging. However, with the right evidence and the right attorney, you can overcome the challenge.

How to Prove Liability

The first step in obtaining compensation for your injuries, whether old or new, is proving liability. The bottom line is that if you are unable to prove liability, you do not have a claim, regardless of the extent of your injuries. The general requirements for proving liability are:

  • The at-fault party owed you a duty of care
  • The at-fault party breached that duty of care by acting negligently or recklessly
  • Such actions of the at-fault party were the direct and proximate cause of your injuries.

In order to prove these elements, and thus liability, you need to provide strong evidence. Common ways of providing reliable and credible evidence include:

  • Photographs
  • Witness statements
  • Medical records
  • Police or incident reports

Proving new or aggravated previous injuries is best done with medical records. Insurance adjusters expect some overlap in treatment with aggravated injuries or pre-existing conditions. However, your treating doctor’s narrative in the medical report or record will often go a long way in helping prove your claim to the insurance adjuster. Another helpful evidence is providing imaging, such as x-rays, MRIs, CAT scans, and other diagnostic tests.

Call Us Today

If you or a loved one has been injured in an accident caused by another party, we can help. For more information or to consult with one of our experienced New York personal injury attorneys, please call Gersowitz Libo & Korek, P.C. at 1-800-529-9997.

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Client Testimonials

From beginning to end we were comfortable with the team at GLK. Thank you Mr. Gersowitz (Ed) for obtaining a settlement out of court.
Donna L. S.
I was injured in 2011 and spent nearly 8 years with Ed Gersowitz and Jeff Korek. Their professionalism and care was beyond. The process was long and at times exhausting but Ed. Jeff and their team made me feel comfortable and in great hands. I can't thank them enough and would highly recommend GLK to all. Thank you for all your help!read more
Jeremy N.
A few years ago I was misdiagnosed and nearly ended up becoming a quadriplegic. Three spinal fusions followed. I asked my sister, a top D.C. lawyer, to find the name of the best personal injury lawyer in NYC, and I was referred to Jeff Korek of Gersowitz Libo and Korek. It was a tough time for me, but Jeff and Irene were great and helped me through it every step of the way. They were compassionate, understanding and very accommodating, yet professional and always with their fingers on the pulse. They really care about the welfare of their clients, and not just money driven. When I was unable to travel, Jeff came to me, and I live an hour from the city. This firm is well known, well established, and has earned the respect and credibility among its peers. I highly recommend the firm of Gersowitz Libo and Korek without hesitation and, in fact, I already have. My thanks go out to the entire team for a better than expected outcome!!! They get a 5 out of 5 stars from me!!read more
Mary S.
I am giving this law firm 6 out of six thumbs up. Very professional very personal and compassionate staff. From the Attorneys to the staff they were all...
Anthony C.
Thank you to the team at Gersowitz Libo & Korek, and especially to our wonderful attorney Anthony Makarov. Mr. Makarov was our trial attorney who took our...
Amy L.
La mejor firma de abogados, muy profesionales, excelentes persona, todo el tiempo estuvieron pendientes de mi y mis necesidades, estoy muy agradecida con ellos.
Maricela O.
Jeff and Michael are both very professional and helpful towards my case. I would like to thank the team and Irene, the assistant, for all their help despite the length of time that the case took. They took a lot of care and were patient with answering any inquiries that I had.read more
Cindy C.
section start
Need Help with an Injury? We're Here to Help. Contact Us Today:
  • NEW YORK OFFICE
    111 Broadway, Suite 1204
    New York, NY 10006
    Phone: (212) 385-4410
    Toll-free: (800) 529-9997
    Fax: (212) 385-4417
    Leave Us A Review : revmap
    nj
  • NEW JERSEY OFFICE Recognized as one of the leading personal injury law firms in the New Jersey, Gersowitz, Libo & Korek, P.C. has recovered tens of millions of dollars for our clients in New York and New Jersey.
    157 Engle Street
    Englewood, NJ 07631
    Phone:(201) 541-8540
    Toll-free: (800) 529-9997
    Fax: (201) 541-8565
    Leave Us A Review : rev-map
    ny
f
t
korek-buttonX