In a personal injury case, any injury suffered after the original collision could harm not only you, but your eventual settlement. Suppose you have sustained injuries due to an auto collision but then are involved in another crash where your injuries are aggravated. After the second incident, it would be difficult for your treating physician to differentiate between what problems were caused by the initial collision and which ones were caused by the following one. The insurance company could reduce the value of your settlement by claiming that most of your injuries were based on the subsequent incident. Even if a new collision causes no additional injury or aggravation, a defense lawyer working against you may argue that the second collision caused the original injury.
The best way to protect yourself against this possibility is to document your initial injury thoroughly. Just in case this happens, make sure that you have medical records that detail the specifics of your injury, including type, area, and severity, as well as the fact that you are not complaining about any unmentioned part of your body.
If you do find yourself in a situation where you have been injured in an auto collision and then suffer from a new injury, documenting the differences between the effects of each incident will ensure that the new incident will not be used against you. This can be done by finding witnesses who can discuss the differences between your prior and your new condition, obtaining medical records showing no prior complaints about the part of your body that is newly injured, and securing testimony from your treating physician(s) that details how each incident had a separate effect on you.
Without legal help, you may not be fully compensated for the damage, inconvenience, and loss caused by car crashes. If you have been injured as a result of a collision, get a free consultation at our office by calling 253.858.5434 to set up an appointment today.