Posted by Gary Burger on March 30, 2016 in Personal Injury
Many people who are injured in an automobile accident, at work, or due to medical negligence or any other reason, often have prior injuries. Defendants and insurance companies assert that those prior conditions are causing the real problems and make this argument to the jury. Insurance companies have spent millions of dollars trying to make Plaintiffs sound like they are trying to recover for pain and suffering and injuries not from the case at issue. However, this is most often false and attempts to characterize Plaintiffs as trying to recover for something other than the action at issue are also false.
Most people have injuries or incidents that happen to him during their lives. If you enjoy life and eat it up, you have twisted ankles, broken bones, stretched cartilage, bulging vertebral disks and other things through either working or playing that are just part of your history. This doesn’t mean it incapacitates you, makes it so you can’t work, or creates lingering problems for you. The body heals itself and you move on. Then, you sometimes injure the same place. I have sprained my ankles many times, had numerous knee injuries, shoulder injuries and other things just because I have been physically active all of my life. This doesn’t mean that if I injure those areas now it would be because of the prior injuries. We file those lawsuits and pursue them and reject the arguments that degenerative conditions or prior conditions in a person are what’s really hurting them instead of the injury for which we represent the Plaintiff. Many times we have to work these cases close to trial before the Defendant agrees to pay us the settlement money that the person deserves or we have to take these cases to trial. Often times people will get treatment for a neck from a chiropractor and then reinjure their neck in a serious automobile accident. We go and take the depositions of the doctors of our clients to prove the medical care and symptoms for which we are making a claim are caused by the incident at issue, and not the prior medical. So, don’t give up or take a lower settlement if you have prior medical. Call Burger Law and we will get a good recovery for you.