Pre-Existing Neck Injury Settlement

Pre-existing injuries are often used as an excuse for insurance companies to diminish or deny valid claims. This can lead to a lot of frustration and financial hardship for individuals who only want fair compensation for their legitimate injury. However, Morgan and Morgan have been litigating on behalf of injured parties for more than 35 years. In that time, we've discovered a few key strategies that have helped us overcome these arguments and successfully negotiate meaningful pre-existing neck injury settlements for our clients. To fully understand this issue, we must delve into further detail.

In our experience, one of the first steps in overcoming pre-existing injury arguments is to establish a clear and compelling case for the relationship between your current injury and the pre-existing one. This requires a deep analysis of your medical records, including all prior treatments, procedures, and diagnoses. When we understand the full scope of your medical history, it helps to build a case based on solid historical evidence that can be contrasted with your current condition.

An in-depth review of your medical history is also critical because the opposing side will undoubtedly do their own research. If you forget to mention old injuries and treatments, this will likely be discovered and can hurt your case considerably, as it might be construed as an attempt to conceal evidence. It's much better for us to investigate first so that no surprises jeopardize your standing as a truthful, legitimate claimant.

One of the most critical elements in this overall process is identifying the specific nature of the pre-existing neck injury and how it relates to the latest one. For example, suppose your medical records reflect a history of neck and back pain, and now you've been diagnosed with a herniated disc from your most recent accident. In that case, showing how the two are linked is crucial. This typically includes demonstrating how pre-existing injuries frequently make individuals vulnerable to repeat injuries or how the recent accident made your condition even worse.

In order to establish this connection, we may involve medical experts, including doctors, physical therapists, and other medical professionals. Morgan and Morgan have cultivated a large network of expert witnesses who are the top minds in their fields to assist us in complex cases involving pre-existing injuries.

Our experts can provide valuable opinions on the nature of your prior injury and how the most recent injury affects your life. Frequently, when medical issues are difficult for regular folks, like members of a jury, to understand, our medical experts can provide testimony to make it more clear. The primary role of a medical expert is to provide information that supports your case and counters the opposing side's arguments.
 
Another vital strategy to overcoming pre-existing injury arguments from the other side is to show how the extent of the latest injury has affected your life. This may include gathering evidence of the pain and suffering you're currently experiencing and any financial losses you've incurred due to the accident. Evidence of pain and suffering could include details of missed family events, work, doctor's notes, and once-loved activities you can no longer enjoy, while the financial aspect could consist of medical bills, missed paychecks, and other monetary losses directly related to the injury in question.

Still, some economic losses may require the help of financial experts to make it more evident and provide a complete picture. For example, a financial expert can calculate the financial impact of your injury, including loss of future income and the cost of future medical treatment. They can provide crucial testimony to lay out the full economic impact of your injury.

Yet, another tactic is to analyze the evidence presented from the opposing side carefully. In cases involving a potentially large settlement, the insurance company will have its own expert witnesses to exaggerate your previous injury and minimize the defendant's role in your current condition. By closely evaluating their evidence, it's often possible to identify weaknesses and inconsistencies in their arguments to discredit them.

For example, the other party's legal team likely will argue that your pre-existing injury is the leading cause of your current condition. If we can identify evidence that contradicts this claim, it shatters their defense. This is frequently accomplished by showing medical records that indicate a clear injury progression. For instance, X-rays from before and after that illustrate the advancement of the injury when compared to earlier images.

Still, one more strategy is to look at your employment history. For instance, if you've held a steady job for the last five years but had to quit because of your recent injury, it would be a stretch for them to assume you left gainful employment for the sole reason of making your case look good. Likewise, it would be a challenge to argue that the extent of your pre-existing condition supersedes the new injury if you've held a job up until the latest accident.

Ultimately, the key to a pre-existing neck injury settlement rests in the competency and experience of your lawyer and the evidence they present to counter the negligent party's arguments. Your lawyer should expect and be prepared for routine defenses insurance companies prop up to avoid their legal responsibility. Your Morgan and Morgan attorney will work to build a solid and compelling case based on your prior and current medical records with the collaboration of expert witnesses to support the evidence.

One advantage, if you want to call it that, is it may be easier to prove the latest accident aggravated a pre-existing condition. However, the pre-existing injury must be established and supported by a doctor. You would not be entitled to collect compensation for the prior damage, but you may be entitled to a settlement that covers the degree to which the most recent injury worsened the pre-existing neck injury. Settlements like these would not cover the cost of any ongoing treatment you were receiving. Still, any additional treatment required might be compensable.

Insurance companies cannot simply disregard accidents caused by negligence because someone is more prone to injury. If that were the case, countless claimants would lose their ability to be compensated just because of their age. Older adults are more susceptible to many conditions, such as degenerative disc disease, arthritis, and herniated discs. Being more prone to injury doesn't erase the accountability of those that cause them.

The eggshell plaintiff rule is a legal doctrine in personal injury law that states the defendant is liable for all damages caused by their negligent actions, even if the plaintiff's injuries are more severe than what would usually be expected.

This doctrine goes to the root of pre-existing injuries and other conditions that might put an individual at risk for severe injury. The term "eggshell plaintiff" describes a scenario where even if the plaintiff were as fragile as an eggshell, a negligent party would still be responsible for any injury they cause because of their actions.

The rule is designed to protect individuals who are more vulnerable to injury, such as older adults or those who have suffered a prior injury.

Neck injuries are common in everyday accidents, like car collisions or a slip and fall. Any subsequent damage can make pre-existing neck injuries far worse. Here are some typical examples:

Whiplash - People often sustain this type of injury in a car crash, where the head is violently whipped back and forth, causing damage to the muscles, tendons, and ligaments in the neck and back. Most instances of whiplash heal within a week or two, but some symptoms can linger. If someone suffers from whiplash and then repeats the injury, the condition can become worse.

Herniated Disc - A herniated disc occurs when the soft, gel-like matter inside the spinal cord is pushed through the outer casing, affecting nearby nerves. It's a painful condition that can be exacerbated by additional injury.

Cervical fractures- A cervical fracture is a broken bone in the neck. There is a saying within the medical community that the people most at risk of breaking a bone are those who have just broken a bone. Further injury can make the condition more severe and lead to a lifetime of complications.

Neck Sprains and Strains - Once you've experienced one sprain or strain, you have an increased risk of injuring the same area again in the future. However, an increased risk because of a prior injury doesn't absolve wrongdoers from being held to account.

Spinal Cord Injuries - Spinal cord injuries are quite serious and can occur because of car accidents or falls. Repeated spinal cord injuries can be severe, leading to paralysis and other life-altering complications.

Pre-existing injuries definitely make getting a fair settlement more complicated, but not impossible. Another challenge is to establish a figure. It can be tricky, but your Morgan and Morgan attorney will have the skills to put forth a reasonable demand that encompasses your financial and emotional losses from the most recent injury, which may include:

• Medical expenses for further treatment
• The cost of prescription medication
• Chiropractor bills
• Lost income from missed work
• Pain and suffering

Calculating a reasonable settlement amount with a pre-existing neck injury can be like walking a tightrope, especially with pain and suffering. It's best to have an expert provide you with advice based on their experience with similar legal challenges to your own.

While getting a fair settlement with a pre-existing neck injury presents challenges, it's important to remember that you have just as much right to seek fair compensation as anyone else. Morgan and Morgan will advocate for your rights and utilize our proven strategies to ensure you get the compensation that is rightfully owed to you.

Reach out today for a free case evaluation. You only pay once we successfully resolve your claim.