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Prior Accidents - How Will They Affect My Maryland Car Accident Case?

Author: Portner & Shure
  • If you've been in prior accidents, it may have an effect on your case, but not always as much, or in the way that you would imagine.
    • For example, if you're involved in a case where the other driver claims you are at fault - the fact that you may have caused an accident in the past has absolutely no bearing on fault in your current case.
  • However, if you have sustained injuries in prior accidents, this is likely to be relevant to your current personal injury case.
    • If you've ever made a personal injury claim before, most likely, the insurance company for the other driver involved in your accident will be aware of this.
    • A prior injury doesn't have to be an insurmountable challenge in your case if it's handled the right way.
      • The most important thing for you to do is to be upfront with your doctors about any prior injuries, even if you made a full recovery before getting injured again.
      • If your doctors are aware of your medical history, their opinions about causation of your current injury will be strengthened.
      • If your doctor does not know about a prior injury, the insurance company may deny the claim, basing it on the fact that your doctor was not aware of your history.
  • If you've had a prior injury and you recovered and completed treatment before your current case, it shouldn't present too much of a problem for you.
  • It's somewhat more complicated when you are still suffering from an injury, and then you get in another accident.
    • While these cases are a little more difficult, you can still make a claim for the exacerbation of your injury and the additional medical treatment you had to get which you would not have needed otherwise.
    • Again, being forthcoming with your doctor is key.
    • If you are currently treating with a doctor and sustain a new injury, you should tell that doctor right away so it can be accurately reflected in the medical reports.
    • This will be the best way to protect your case.

If you or a family member have been injured or killed in a Maryland car accident due to the negligence of another person and would like to consult an experienced personal injury attorney for free, contact our office at (855) 954-4141 to schedule an appointment at one of our office locations in Rockville or throughout Maryland or visit us online.

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