The correct answer to this, and most legal questions is, “it depends.” If your PI Trial Lawyer is experienced, s/he can get a lot of mileage from a victim who is already hurting from a prior injury. Of course, the insurance company will argue it’s a degeneration of the spine, and thus they are not responsible…as they refuse to pay.
As an experienced Accident Trial lawyer, I know that prior Injuries are not a problem, They Are Part of Life! It can be argued that prior injuries help your case because it takes much less of an impact to cause an injury to an egg shell client. An egg shell victim is someone who, when hit on the top of their head with a spoon, their head cracks…like an egg shell.
A client’s prior injuries are an example of the defense trying to box you in with their preconceived notions about what factors discount the value of cases. An experienced Personal Injury Trial Lawyer, won’t let them get away with this. There is a difference between aggravation of a prior condition that didn’t yet heal, vs a prior injury that did resolve.
Unless the victim is an infant, most adult victims will have had some kind of back or neck problem in the past. Our adult spines get dinged from time to time. Those priors aren’t a bad thing. They may actually help the case because an egg shell victim is more susceptible to an injury… from a minor impact. A minor impact may cause less damage to the body of a car, than to the human spine. Healing from something in the past doesn’t mean a later injury to that same area will cause less harm. In fact, it is just the opposite. It may mean the outcome will be worse. An experienced lawyer will argue that in his/her client’s case, it caused a herniation, not just a sprain/ strain.
Think about it. Why should the defense get a discount, when their client caused a “forever injury” to your client’s life. Just because the victim has crashes or episodes of neck/back pain in her past, like
almost everyone else, there is no reason for a discount. Unfortunately, the insurance companies think they have a right to short victims of what is owed. The law gives them no such discount. Most courts and juries recognize that negligence need not be the sole cause of injury, so long as it contributes substantially to the outcome. A good trial lawyer will point that out to the jury during voir dire
An experienced trial lawyer will explain to the jury that this is “as is” justice. You take the person “as is”. In other words, justice is not reserved for people who are in perfect 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 and tear, bumps & bruises, who have been hurt in the past or had health problems, should also get full justice. Our US Constitution promises equal justice or justice for all. As an experienced trial lawyer I ask the jury pool, isn’t this the way it should be? I would follow this up by asking if anyone disagrees.
A local experienced trial lawyer will harp on this universal truth by using the phrase “as is” justice…over and over. When the defense neurosurgeon says the victim had degeneration of the spine, I point out, this is normal aging and say, “Are you suggesting that an injury matters less when someone isn’t in the prime of their physical life? Your lawyer should ask if the doctor is familiar with the concept of susceptibility and ‘as is’ justice and let the jury mull over the answer.
DON’T DRINK & DRIVE. Impaired Driving = Drunk Driving and Uber is cheaper than me! After a FREE 360 ACCIDENT/DUI Case Analysis Consultation (760-837-7500, dale@dalegribowlaw.com), you may not need a Lawyer! “If not retained, I will direct you to a more budget-friendly lawyer…honestly.” Remain Silent! It’s not what you said. It’s what the police/insurance company…thought you said!
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.
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Dale Gribow is a multi-award-winning INJURY AND CAR ACCIDENT LAWYER | DUI ATTORNEY with career awards: 35 Top Lawyer | 5-Star | 10.0. He is experienced and recognized for excellence and trustworthiness, with the highest possible ratings from the most respected national legal rating publications, reflecting the confidential opinions of Judges and Attorneys…Martindale/Avvo; Google, Justia, Expertise.com.
These validated: 9 Man of the Year | 4 Dale Gribow Days | Mr. Charity- recognizing dozens of philanthropic awards. Cases are limited. Dale personally answers all calls.
