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How do pursue respresentation for pre existing injuries and new injuries for a recent accident where is was rear ended

Elizabeth, NJ |

The new injuries are worse than the pre existing and the pre existing are worse than my before state after the accident. I had just learned to manage my pain after receiving 1 yr of treatments for physical therapy before the accident.

( Continued from above ) Hello Everyone! I have read everyones advice on the forum and decided to seek a Lawyer. I have an appointment scheduled first thing Monday morning. I've read somewhere on one of the post to be aware of the other insurance companies for trickery and not offering any info to them. Well I wish I could have found this site before I spoke to the other company. However the reson being is that I called to see if the claim was put in by the peron that rear ended me..and low and behold it was not. So I was asked to open up the claim and was given a claim number and was sent a form to fill out and draw how the accident happened. I really hope that because of speaking with them that my chances are ruined. I was so pleased with all of the information on your site and I have chose one of your Lawyers here on Avvo. Hope my chances are not out the window :(

Attorney Answers 6

  1. Best answer

    A good personal injury lawyer can guide you through this. The secret is to retain a top-rated Avvo lawyer with a low contingency fee, less than 30%, so you don't get hurt twice.

  2. In many jurisdictions, exacerbation/aggravation of a preexisting condition is a recoverable damage in a civil negligence case. If you are having trouble finding someone to represent you, it could be due to any number of additional facts not included in your post. Don't be discouraged, keep looking for an attorney who will evaluate your case, and listen to his or her opinion of the case closely.

    This answer is intended to be used for general purposes only; it does not create an attorney-client relationship.

  3. Assuming you carry the verbal threshold or limitation on lawsuit option on your insurance policy (as the majority of people do these days), you will need a doctor - I don't know what kind of doctor because you don't specify your injury - but I will presume an orthopedist, to review your old and new MRIs, do a comparison and then comment on any change seen in the prexisting injury. Supposing there is some objective evidence of aggravation, your doctor will have to relate the change to the new accident and conclude that the change is permanent. You can also have the doctor quantify what parts of your symptoms are from the prior accident and what symptom are from the present accident in percentages. That is called a Polk analysis.

    Really, it's hard to answer your question without having your medical records in front of me and knowing what injuries we are talking about. Suffice it to say, aggravation of prexisting injuries can be proven, the jury will receive an aggravation charge so long as the proper proofs are put forward. I suggest you bring your medical records and go consult a personal injury attorney.

  4. This is a common scenario.You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.

  5. This is not unusual. I usually make sure the doctor is clear on before and after the current accident. I always request the doctor write up a Polk Analysis for the best outcome. This has brought a lot of success with these type of accidents.

    973-984-0800. Please be advised my answers to questions does not constitute legal advice and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.

  6. You can pursue the exacerbation of pre-existing injuries as well as the new injuries. The insurance company could try to minimize the injuries due to the pre-existing condition. You should contact an attorney to discuss how to pursue both injuries due to your accident.

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