Prior injury does not mean your recovery should be reduced

by: Michael Rose

Quite often, we are faced with the situation that a client injured a body part that had been hurt before. Typically, these are people who have back injuries or other physical injuries that occurred in the past that are reinjured in an accident caused by someone else’s negligent act. Insurance companies and people who defend lawsuits take the position that the prior injury is a reason why a claim is less valuable. This is simply not true. To the extent that an injury is made worse as a result of the negligent acts of another person, the victim is entitled to recover to the extent that the prior injury is aggravated or made worse. In fact, it is my opinion that people with prior injuries are often very credible as plaintiffs. If you were injured before and worked hard to get better, then you should be admired for your desire to get better, not penalized because you were hurt before.

At Hach & Rose, LLP, we fight hard for those with aggravated prior injuries. We do not give the negligent parties or insurance companies discounts if you were hurt before. We obtained a jury verdict for over two million dollars for a man who had a prior back injury who was involved in an automobile accident. We also achieved a settlement of $2,600,000 for a construction worker who was injured in two separate accidents that were three years apart. If you had a prior injury, never believe that you are entitled to anything less then full and fair recovery for your injuries. We take pride in hiring the proper medical experts who can explain why a person with a pre-existing injury is more susceptible to injury and who can differentiate between the individual’s pre-accident status and how they were made worse as a result of trauma. This entitles our clients to full recovery.

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