Old Injury Worse or New Injury?

You’ve had a bad back for years, you’ve been to doctors here and there, done PT, chiropractic, all the things. You’re FINALLY starting to feel a bit better, and then WHAM! You’re in an auto accident.

These claims are, as the kids say, the worst.

You see, it’s SOOOO much easier to argue about the causation and value of a NEW injury as opposed to arguing the causation/value of the aggravation of a pre-existing injury.

First, it’s hard to prove that the accident caused anything, unless you are unlucky enough to have something that shows up on a diagnostic (which is the overwhelming minority of cases). Your back (or whatever) was already hurt; how can you prove that it got worse? Because you say so!?! Good luck with that.

Second, if you’re already hurting, then what should you be awarded for pain and suffering? You were already suffering, you were already in pain. How do you quantify the amount of increase in that suffering and pain? These are nebulous, diaphanous, hard to grasp sort of arguments and they can make your claim really hard to manage.

Look, I believe if you have an injury claim you could probably use an attorney’s help. If you have an aggravation claim, you almost certainly need an attorney’s help. Call me at 919-929-2992.

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Jeffrey Allen Howard, Attorney at Law, PLLC
1829 E. Franklin St. - Bldg 600
Chapel Hill, NC 27514

(P) 919-929-2992
(F) 919-636-4779

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