Almost all of us have had some type of prior injury. If you have been in a prior accident and made a full recovery from those injuries, then you should be able to make a claim for the new injuries caused by the most recent accident. You would have to show from your doctor’s records that you actually did recover from the prior injuries and that you have been well for a significant period of time.
Sometimes people do not recover completely from prior injuries or conditions. In that situation, you would only be entitled to recover if the most recent collision aggravated your “pre-existing” condition. You would have to show through medical records or a doctor’s opinion that your condition was made demonstrably worse.
An insurance company will often contest this type of claim. These cases can be very difficult and an experienced attorney’s involvement is prudent. The attorneys at Miraldi & Barrett have handled many of these cases and welcome your questions. .