Pursuing a personal injury claim can be complicated, but it can get even more difficult if you are dealing with prior injuries when the personal injury accident occurs. Some choose not to pursue personal injury claims when they have a pre-existing condition because they believe they have little chance of winning their case. It is important to know that you have the right to fair compensation for your injuries, whether they’re an aggravation of a previous injury, a new injury, or separate injuries.
Disclose any pre-existing injuries at the start of your claim. You should also be upfront about your pre-existing condition with your solicitor. Your solicitor can help you establish that your injuries from the most recent incident are not associated with your old injuries.
One of the most difficult things to overcome in these types of cases is the claim by the insurance company that the injuries you are attributing to the accident are merely aggravations of your previous injuries. A complete set of medical records highlighting any prior injuries and current injuries is the best proof for your claim. If you have a pre-existing condition, you should see a new medical provider for your new injuries. You can then have the new provider provide documentation stating which treatment is related to the pre-existing injury and which is related to the new accident.
You will need to present proof of the at-fault party’s liability and proof of damages to have any hope of receiving compensation for your personal injury claims. The specific elements required to establish liability generally include that the at-fault party owed you a duty of care; that they breached that duty by acting negligently; and that their actions were the direct and proximate cause of your injuries.
Evidence is important because if you cannot prove liability, you have no claim. The evidence needed for your case may include medical records, photographs of the location and injuries sustained, incident and/or police reports, and witness statements. Provide these documents to the solicitor handling your case as quickly as you can because it will give them a much stronger case on which to argue your claim.
** Story was originally published on The Personal Injury Bureau**