How a Pre-Existing Injury Affects the Value of Your Orange County Auto Accident Case
When you hire an Orange County auto accident lawyer to help you file personal injury lawsuit, one of the first things you will have to do is meet with the lawyer to discuss the strengths and weaknesses of your case. Your first inclination may be to shield certain bad facts from your lawyer, but this is an unwise choice. In order for your attorney to present the best possible case on your behalf, he needs to know everything about your situation, good and bad. If there’s a weakness in your case, opposing counsel will find it, and it’s better for your attorney to be prepared. Letting your Orange County auto accident attorney know about these bad facts ahead of time will enable him to address the problems before filing suit or lessen their impact at trial.
One of the most common weaknesses in an Orange County auto accident case is a pre-existing injury to the same part of the body that was injured in the accident. For example, imagine you had previously been in a car accident and injured your back, but you had since made a full recovery. Then, a few years later, you get in another accident that causes an even more serious back injury, like a herniated disc. Will the insurance company make a settlement offer that will fully compensate you for the medical costs associated with your most recent injury?
Probably not. Insurers in cases like these are likely to argue that the herniated disc is actually a result of the first accident and the fact that it is flaring up now has nothing to do with your second car accident. They may make a settlement offer, but it will likely be well below the actual amount of your medical costs. In cases like these, settlement may not be a viable option, and you will need an Orange County auto accident attorney who is willing to try the case in court. At trial, your attorney will need to prove that the most recent accident either caused a new injury or aggravated the old injury.
If you have been injured in a car crash, Orange County auto accident lawyer Samer Habbas may be able to help you get financial compensation for your medical expenses, lost wages, and pain and suffering. Please call (888) 848-5084 to schedule a free consultation, or use the case evaluation form on this website.