Prior Injuries Are Not a Problem, They Are Part of Life. You hear commercials from Accident Lawyers saying that Insurance Co’s will do anything to Deny and Delay your valid claim for injuries. That is correct they do. They try to box you in with preconceived ideas about discounting the value of the case in the eyes of the jury. We don’t let them get away with that.
There is a difference between a prior accident, where you recovered from the injuries, and one where you have continued to have pain from that incident. This new accident generally aggravates your old injuries that were healing. Most of us of a certain age have had neck problems from time to time. Sometimes I wake up and have a little bit of a stiff neck. I don’t think it is from an old car accident, but it may be. The truth is that most of us have had some kind of neck or back problem in the past.
As we age we get dinged and these dings are not a bad thing. Actually, it could be argued that they help the case. The law says that the party at fault, that we call a Defendant, takes the victim as he finds them…ie as is. This is the old Egg Shell Doctrine that every lawyer learns in the first year of Torts (civil wrongs, like accidents). Thus if you are the only one whose skull would shatter if it was tapped with a spoon, then the person doing the tapping without permission is responsible for all your injuries. Insurance co’s don’t like this law, but it is just that…the law.
Sometimes a prior injury just makes one more susceptible to a new injury- where the old injury previously was. Healing from a past injury doesn’t mean the new injury to that same area will cause less harm. It is just the opposite. It could be argued that the outcome will be worse. It is possible it would cause a herniation, and not just a sprain/strain.
There is no way the insurance company should get a discount, when the Defendant negligent driver causes a forever injury to our client’s life. Because our client had an accident or neck/back pain, should not excuse the negligent driver from liability. Yet the insurance company believes you should not be paid, and that all your injuries are from a preexisting injury. There is just not a justified reason for giving the Defendant a pass or discount.
With accidents here in the greater Palm Springs area, we have a lot of people who are older and thus more susceptible to an injury…and of course sporting prior pains in their necks and backs. The law says you take the victim as you find him. We don’t treat the elderly as second class citizens because of their age and what they bring to the table. The Defendant does not get a Discount when s/he injures someone with a few years under their belt.
The elderly with wear & tear, bumps & bruises, and injuries in the past or health problems should, and will get full justice too. It’s called equal justice or justice for all in the United States Constitution. There is no reason for a discount, other than insurance companies thinking they have a right to short their insureds of what is owed. The law gives them no such discount. Most states recognize that negligence need not be the sole cause of injury, so long as it substantially contributes to the outcome.
The law recognizes “as is” justice. You take the victim “as is”. Justice is not reserved for people who are perfect specimens of health. People who are not in the prime of their physical life don’t get treated as second class citizens who can only receive discounted justice. People with wear & tear, bumps & bruises, who have been hurt in the past or had health problems, can get full justice too. This is the justice for all in the United States Constitution
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Upon the advice of attorney Dale Gribow, I exercise my right to remain silent until you contact him at 760.837.7500 or dale@dalegribowlaw.com for his OK. He advises, the VOLUNTARY FIELD SOBRIETY (FST) and BREATH TEST at the scene, are OPTIONAL (unless one is on probation). Thus, I elect not to take them, if that is correct. I want to cooperate and am happy to take a BLOOD TEST.
Silence is Golden and Handcuffs are Silver, because it’s not what you say, but what the insurance company/police, thought they heard you say. They are “NOT on Your Side”; “You are NOT in Good Hands” and “Your Friendly Neighbor” will NOT give you a “Piece of the Rock.”
