This is one of the questions we hear frequently at our firm, and with good reason: If you have a pre-existing injury and are considering filing a personal injury claim after an accident, there are some key factors that need to be considered.
For instance, you’ll need to be able to prove that the injuries you suffered in the car accident were not related to your prior injury. This can be easier to do if your pre-existing injury occurred many years ago and has not required any treatment in some time. However, if it was a more recent injury, you and your attorney will need to develop a strategy to show that there was no connection between the injuries you suffered in the car accident and the pre-existing injury.
No matter what, you need to be up-front and 100 percent honest with your attorney about any pre-existing injuries you may have. That way, he or she is prepared to deal with the issue head on, won’t be caught off guard, and can build the strongest case possible.
Here’s the other thing—if you don’t disclose that you had a pre-existing injury or if you lie about the injury itself or its severity, the insurance company will find out. Guaranteed. Their representatives are very good at what they do, and they’d like nothing more than to catch you in a lie about a pre-existing injury. If that happens, your claim will be minimized or ruined altogether.