Though challenging, prior injuries are not a problem for a good lawyer, and clearly a part of life. However, the insurance company will try to get as much mileage as possible from it. Of course, they will blame your new accident injuries on the old accident. Prior injuries are another example of the defense insurance company trying to box you in, with their preconceived notions about what factors discount the value of cases. More than ever, you need an experienced Local Award Winning Accident lawyer. An attorney like Gribow, who has also been an accident victim, and walked in your shoes, so the Defendant will not get off.
Today’s column discusses prior healed injuries. However, the insurance company will argue all your complaints are preexisting. They always deny and delay… to not pay, or pay as little as possible. They are not aware of the word FAIR.
Many in the CV, have back or neck problems because of our age or an old injury. We all get banged up, and if handled properly, priors can be overcome. An experienced lawyer can get mileage out of them by arguing the Egg Shell Doctrine. It says you take the victim as you find them. Thus, if this victim is the only one whose skull would crack with a slight tap, then the defendant is responsible for injuries from that tap. The challenge of course is selling this to the jury.
The traffic accident may have caused minimal property damage, however, because of the frailty of the victim they may have been injured. An old healed injury, doesn’t mean a new injury will cause less harm. In reality the opposite is true, and it may mean the outcome will be worse. Thus it may have caused a herniation, rather than a sprain/ strain.
A good personal injury trial lawyer will ask why the defense should get a discount when their client has a previous injury. There is no reason for a discount, other than the insurance companies thinking they have a right to short the victim, of money that is owed. The law gives them no such discount, so why should a jury? The prior injury contributes substantially to the outcome. A good trial lawyer will advise the jury panel during questioning, and explain: The law recognizes “as is” justice. You take the person “as is”. Justice is not reserved for people in perfect health.
People not in the prime of life shouldn’t get treated as second class citizens and receive discounted justice. Victims with “a few miles”, who have old injuries or health issues, can get full justice too. It’s called equal justice or justice for all in the United States Constitution or “as is” justice. Your lawyer will Argue to the jury, “that is the way it should be…right?”
During the trial a good trial lawyer will constantly refer to it as “as is” justice. When the defense doctor testifies the plaintiff had spinal degeneration, your should argue, this is normal aging and say, “Are you suggesting that an injury matters less when a person isn’t in the prime of their physical life? Don’t you know about ‘as is’ justice?” It will be objected to but the jury heard it.
HOWEVER, YOU MAY NOT NEED A PI LAWYER, IF NO PRIOR ACCIDENTS!
BEFORE YOU TALK TO THE POLICE OR ADJUSTER, HIRE AN ATTORNEY OR SIGN AWAY FUTURE COMPENSATION DUE YOU, ASK FOR A “FREE STRATEGY ANALYSIS CONSULTATION.” GRIBOW WILL HONESTLY TELL YOU IF YOU NEED A LAWYER, AND IF NOT, HE WILL DIRECT YOU.
REMEMBER, SILENCE IS GOLDEN & HANDCUFFS ARE SILVER… SO, SHUT UP! DON’T TALK TO THE INSURANCE COMPANY, WITHOUT YOUR LAWYER’S PERMISSION. IT’S NOT ALWAYS WHAT YOU SAID, BUT “WHAT THEY THOUGHT YOU SAID.”
I ADVICE CLIENTS: EXPLAIN YOU WOULD BE HAPPY TO TALK, HOWEVER, ATTORNEY GRIBOW SAID TO CALL HIM FOR PERMISSION. LET ME CALL DALE GRIBOW 760 837 7500 NOW FOR HIS OK…THAT WAY THE LAWYER IS THE BAD GUY, AND NOT YOU.
Cut out this card!
GIVE THIS CARD TO ARRESTING OFFICER WITH LICENSE, INSURANCE AND REGISTRATION
Upon advice of my attorney, Dale Gribow, I exercise my right to remain silent until you contact him at (760) 837-7500 or firstname.lastname@example.org for an OK.
My attorney has advised me the VOLUNTARY FIELD SOBRIETY AND BREATH TESTS, at the scene, are OPTIONAL (unless one is on probation). Thus I elect not to take them. I want to cooperate and am happy to take a BLOOD TEST.
Dale Gribow is a distinguished Palm Desert Trial Attorney, awarded Top Lawyer by: PS Life, Inland Empire Magazine, Martindale Hubbell AV Preeminent (an honor bestowed upon the highest tier of lawyers in the USA and recognized as the most respected national legal rating publication, reflecting the confidential opinions of Judges and Attorneys), Avvo, Google, Attorney of the Year, Ca-Top 100 Lawyers etc. He applies over 35 years of expertise protecting the rights of Accident (PI) and DUI clients.
Ideas for future columns: (760) 837 7500…email@example.com