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Filing a Personal Injury Claim in Cedar Rapids with a Previous Injury: How Not to Complicate Your Case


Although the majority of personal injury claims are meant for new injuries sustained in an accident, some people have previous experiences and injuries. Thus, if you have been hurt in an accident, you may sustain an injury to a body part already impacted by a past injury. However, just because you had a previous injury does not mean you cannot hold the negligent party liable for your new injury. Although this makes a more complicated case, an experienced attorney will help you get through it and overcome all the challenges. If you have been injured in Cedar Rapids, there are things you should do, so you don’t complicate your case even further. These include the following:

Disclose Any Previous Injuries

As with other victims, you may be afraid that your injury claim will be denied if disclose a past injury. But this technique can usually backfire since the insurer can get your medical records and discover a pre-existing injury. When this happens, you could be accused of withholding information. 

Prove Your Pre-Existing Injury

In general, you can file a personal injury claim to be compensated for a new injury to the same body part that the new accident has aggravated or caused symptoms. Your attorney can prove your pre-existing injury which has been made worse by the recent accident. They can collect evidence of your worsening condition like the following:

  • Medical records. A personal injury attorney can collect medical records that demonstrate how the recent injury contributed to or made your pre-existing injury worse. This is the reason you must discuss your symptoms with your treating physician and differentiate the severity of your pain and symptoms following the accident. 
  • Employment records. These records may show that you failed to report to work for a certain number of days due to the new injury you sustained. If you have been working following the initial injury; however, you could not go to work because of the new injury, your attorney can emphasize such a difference when pursuing full and fair compensation for you.
  • Testimony from expert witnesses. Your attorney may need to contact your physician or another expert and ask them to testify about your past and new injury. Also, they may hire employment or economic experts to help determine the impacts of your new injury on your ability to work. Your attorney will exhaust all legal options and resources to make sure you get the compensation you deserve.