If you have been injured in an auto accident, you may be going through the often lengthy process of filing an ICBC claim. However, if you’ve had any prior injuries, you may wonder if (and how) this could affect your current claim. Isn’t there the possibility that the insurance company’s lawyers will claim that your injuries from this car accident were actually a result of your previous accident? The simple answer is yes, this could be the case.
On the flip side, if you have an experienced personal injury attorney on your side, he or she will be able to assist you in proving that your current injuries were not the result of a previous accident. As such, you will have the best chance for a successful result and fair recovery in court.
The Importance of Establishing a Baseline
One of the most important things your personal injury lawyer should do if you have any prior accidents and/or injuries is establishing a baseline when it comes to your health. This may involve some digging into prior medical records that would suggest you were in good health before the accident, or that you did not have any complaints related to your current injuries before the accident occurred.
Likewise, if you had a similar injury due to an accident in the past, it is important that your attorney obtains records from your doctor indicating that you made a full (or mostly full) recovery from those injuries. Otherwise, it could be argued that your current injuries were caused by your previous accident.
A Note about Aggravating Existing Injuries
It is also worth keeping in mind that some people are naturally more likely to experience injuries in an auto accident, but this doesn’t mean you won’t be entitled to compensation. For example, if you have a pre-existing medical condition that makes you prone to slipped or herniated discs in your spine and leads to a spinal injury as a result of a car accident, this shouldn’t change the fact that the accident still caused your injury.
Any experienced and knowledgeable attorney will be able to articulate this important fact to a judge in order to protect your rights and best interests in court. After all, the person who caused your car accident doesn’t get to “pick and choose” who he or she hit.
Getting the Most for Your Claim
As you can see, there are many ways in which a previous accident or injury could affect your personal injury claim if you’re not careful and if you don’t have the right ICBC attorney representing you. This is why it’s so important to hire a personal injury attorney who has specific experience with claims similar to yours.
Warnett Hallen LLP is here to represent you regardless of your past injuries and accidents; contact our firm today to schedule a free case consultation. Our lawyers have more than 50 years of combined experience in confidently handling cases similar to yours.
