Navigating Pre-existing Injuries in Personal Injury Cases
I see a lot of defense lawyer posts on social media about a low plaintiff’s verdict or outright defense verdict in clear liability cases with high medical bills. There’s one thing almost all of them have in common: a plaintiff with pre-existing medical conditions who was ALSO impeached about the extent of their prior injuries and treatment.
Pre-existing conditions are not always fatal to your plaintiff’s case. Here’s where they become problems:
- When you can’t show any change at all in symptoms or frequency of treatment from before the incident to after, AND/OR
- When the plaintiff gets impeached about prior injuries or treatment they did not disclose.
This is why it is so important to ensure you thoroughly investigate your client’s injuries when you sign them up, before you file a lawsuit, and when preparing their discovery responses.
You should ensure you have prior medical records before your client’s deposition, and that your client is prepared on their prior injuries and treatment.
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