Legal Question in Personal Injury in California

Auto Insurance Injury

if you are injured in an auto accident how does prior injury from a previous accident affect your case if you have been relatively painfree for 3 years prior to the new accident?


Asked on 2/25/98, 9:49 pm

2 Answers from Attorneys

Michael Kushner Law Offices of Michael F. Kushner, A Prof. Corp

Little or no impact

A prior injury where you have had no symptoms for three years should have no negitive impact upon recoverying for your new injuries. It may have a positive impact if, for example, your back was pain free for 3 years, but in a weaker condition. Your new injury to a weaker back may be worth more than the same impact to a stronger back. On the other hand, if your words "relatively pain free" mean that you have had some recent problems prior to your new injury, then the new accident is only responsible for the increased damage to your back over and above the level of problems which you had just prior to the new accident. For example, if on a 1 to 10 scale, you back prior to the accident was a 2 and after the accident it was a 7, then the new accident is responsible for 5.

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Answered on 2/26/98, 10:49 am
John Hayes The John Hayes Law Offices

little to no impact

Insurance companies often stress pre-existinginjuries in trying to reduce a case's settlementvaluee. However, if you have medical documentationstating no residual problems from the previous accident,the pre-existing condition will carry little, if any,negative weight in a court roomI strongly suggest seeking counsel since this soundslike a case with some complex issues.

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Answered on 3/02/98, 3:42 pm


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