Pre-existing injuries are often used as an excuse for insurance companies to diminish or deny valid claims. This can lead to a lot of frustration and financial hardship for individuals who only want fair compensation for their legitimate injury. However, Morgan and Morgan have been litigating on behalf of injured parties for more than 35 years. In that time, we've discovered a few key strategies that have helped us overcome these arguments and successfully negotiate meaningful pre-existing neck injury settlements for our clients. To fully understand this issue, we must delve into further detail.
In our experience, one of the first steps in overcoming pre-existing injury arguments is to establish a clear and compelling case for the relationship between your current injury and the pre-existing one. This requires a deep analysis of your medical records, including all prior treatments, procedures, and diagnoses. When we understand the full scope of your medical history, it helps to build a case based on solid historical evidence that can be contrasted with your current condition.
An in-depth review of your medical history is also critical because the opposing side will undoubtedly do their own research. If you forget to mention old injuries and treatments, this will likely be discovered and can hurt your case considerably, as it might be construed as an attempt to conceal evidence. It's much better for us to investigate first so that no surprises jeopardize your standing as a truthful, legitimate claimant.
One of the most critical elements in this overall process is identifying the specific nature of the pre-existing neck injury and how it relates to the latest one. For example, suppose your medical records reflect a history of neck and back pain, and now you've been diagnosed with a herniated disc from your most recent accident. In that case, showing how the two are linked is crucial. This typically includes demonstrating how pre-existing injuries frequently make individuals vulnerable to repeat injuries or how the recent accident made your condition even worse.
In order to establish this connection, we may involve medical experts, including doctors, physical therapists, and other medical professionals. Morgan and Morgan have cultivated a large network of expert witnesses who are the top minds in their fields to assist us in complex cases involving pre-existing injuries.
Our experts can provide valuable opinions on the nature of your prior injury and how the most recent injury affects your life. Frequently, when medical issues are difficult for regular folks, like members of a jury, to understand, our medical experts can provide testimony to make it more clear. The primary role of a medical expert is to provide information that supports your case and counters the opposing side's arguments.
Another vital strategy to overcoming pre-existing injury arguments from the other side is to show how the extent of the latest injury has affected your life. This may include gathering evidence of the pain and suffering you're currently experiencing and any financial losses you've incurred due to the accident. Evidence of pain and suffering could include details of missed family events, work, doctor's notes, and once-loved activities you can no longer enjoy, while the financial aspect could consist of medical bills, missed paychecks, and other monetary losses directly related to the injury in question.
Still, some economic losses may require the help of financial experts to make it more evident and provide a complete picture. For example, a financial expert can calculate the financial impact of your injury, including loss of future income and the cost of future medical treatment. They can provide crucial testimony to lay out the full economic impact of your injury.
Yet, another tactic is to analyze the evidence presented from the opposing side carefully. In cases involving a potentially large settlement, the insurance company will have its own expert witnesses to exaggerate your previous injury and minimize the defendant's role in your current condition. By closely evaluating their evidence, it's often possible to identify weaknesses and inconsistencies in their arguments to discredit them.
For example, the other party's legal team likely will argue that your pre-existing injury is the leading cause of your current condition. If we can identify evidence that contradicts this claim, it shatters their defense. This is frequently accomplished by showing medical records that indicate a clear injury progression. For instance, X-rays from before and after that illustrate the advancement of the injury when compared to earlier images.
Still, one more strategy is to look at your employment history. For instance, if you've held a steady job for the last five years but had to quit because of your recent injury, it would be a stretch for them to assume you left gainful employment for the sole reason of making your case look good. Likewise, it would be a challenge to argue that the extent of your pre-existing condition supersedes the new injury if you've held a job up until the latest accident.