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What HUGE Mistake Could Put An End to Your Personal Injury Claim?


Blog Category:
1/25/2013
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Some injured people think like this: That prior injury was a very long time ago. Nobody will find out about it and, anyway, it hasn't bothered me in years. I just won't mention it. After all, it will only complicate matters.

BIG MISTAKE!

When you make a claim for compensation for an injury caused by someone else, the lawyer for the person who injured you will want to know your medical history. Think about it. The person who injured you is only responsible for what she did to you, not for what ailments you may have had before the injury. So, you must give that information to your lawyer who can decide how your medical history affects your claim.

We once represented a woman who suffered an injury to the very same body part that had  been injured in the collision we represented her for. She did not tell us she had been in an earlier collision and, more importantly, she did not tell us that she had injured the same knee in the same way in that other wreck. Luckily, we discovered that old injury when we were reading her old medical records we had gotten from the doctor who was treating her at that time. UNLUCKILY, she had already answered written questions under oath and had not disclosed that earlier injury or treatment. Luckily, we found out in enough time to prepare her to answer the questions the defendant's lawyer would ask her at her deposition. Sure enough, the other lawyer had also read all the old records and knew about the earlier knee injury. Our client answered truthfully in her deposition, but her explanation that she had "forgotten" about that old injury did not sound credible.  Her case settled for much less than she had wanted, but she had not been truthful with us so we had not been able to help her correctly evaluate the case. Plus, the jury would have heard that she tried to hide her earlier knee problems and blame it all on this collision. The defense lawyer would have made her out to be a liar and not worthy of the trust of the jury.

Here is a link to an article I wrote about a recent case (not our case mentioned above) where a judge dismissed the entire case, partly because the plaintiff lied several times under oath about his injuries.

 



Category: Injuries and Wrongful Death


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