If you have been involved in a car accident, but you had suffered injuries prior to the crash you may have a complicated situation to deal with. In these crashes, it can be challenging to prove that you received injuries in the crash in addition to your previous injuries.
Old injuries cannot be claimed in a personal injury claim, but you can file a personal injury claim for any new injuries received in the accident. The key to this kind of claim is providing accurate medical documentation that will prove which injuries were indeed caused in the crash.
As an example, if you had suffered a fall that caused a back injury then you were involved in a car accident that resulted in neck injuries and broken ribs, you must prove your neck injuries and rib injuries were not caused at the same time as your back injury.
People face these kinds of challenges every day, and because they are complicated, you need to consult with a personal injury attorney to ensure you are treated fairly.
What to Do if Already Injured
If you have previously suffered an injury, that should be documented in your medical records. Your medical records should indicate what kind of injuries you have suffered in the past and how well you were recovering. Seek medical treatment for your new injuries and be honest about previous injuries. The accident can irritate previous injuries as well.
Your medical records will then accurately be able to show which injuries are the result of the crash and which injuries are pre-existing. With this accurate and detailed documentation, you can provide the evidence needed to support your personal injury claim resulting from the crash.
Proving Who is At Fault
Sometimes it is easy to determine who is at fault in a crash. There are some accidents that are more complicated that can make proving who is at fault much more difficult. If you are in one of those situations, there are several things that can help support your claim. You need to give your detailed account of the crash, photographs of the damage and crash scene, witness reports, police reports, medical documentation and records, reports from witnesses to the crash.
If you have been involved in a crash that caused new injuries, you can file a personal injury claim against the driver who is at fault. The insurance company for the at fault driver is responsible for paying your medical bills pertaining to treating your injuries, your pain and suffering, and your lost wages while you are recovering from your injuries and unable to work.
Even after a driver has been proven at-fault, their insurance company will likely not going to offer you a settlement that is equal to the amount of money you deserve. Because the insurance company is going to try to get by paying out as little as possible, you should consult with a personal injury attorney who will pursue your claim for you.
