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A Car Accident Aggravated my Prior Back Pain. How will that Affect my new Case?


Most clients of our Los Angeles law firm come to us with a history of some prior injury or accident. The prior accident may have happened long ago and the client has long since recovered. Or the client may still be coping with residual pain from the prior accident when the new accident happened. The question is: how will the prior injury affect the new claim?

The defendant's insurance company will argue any injury you are claiming now was pre-existing and not due to the new accident. The reality is that because of your prior injury, you were more vulnerable to new injury than the average individual. Under the law, you are considered an "eggshell" - thin-skinned and more susceptible to injury.

Under the law, the insurance company must pay for any and all aggravation of your pre-existing medical condition.

You will need to share with your attorney everything you can remember about the prior injury and treatment. If the prior injury resulted from an accident, when did the accident happen? Where did you treat? How long did you treat? Was there ever a surgery recommendation? Had you completely recovered before the new accident? When was the last time before the new accident that you treated? That you had pain?

Your attorney will need to assess and quantify how much the new accident aggravated your prior injury.

Don't let the insurance company off the hook just because you had a pre-existing injury. You are entitled to full compensation for any aggravation of your pre-existing condition.

If you had a prior injury, it is imperative that you consult with an experienced lawyer. Call McGee, Lerer and Associates, attorneys who are specialists in handling aggravation of pre-existing injury cases: (800) 999-9948.

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