Call it bad luck (or probability), but some individuals will end up being involved in more than one accident in their lifetime and many of those that are do not fully understand the effect that a prior injury to same body part has on their current case. It is well known that neck and back injuries are common in car accidents, particularly when the impact is forceful enough to cause whiplash. Any injury, no matter how minor and irrespective of whether you’ve been injured before, causes pain and suffering. If the injury arises from a car accident and is “serious”, then you are entitled to recover for your pain and suffering. However, you must inform your physician at your first appointment of your prior injuries so that your physician can give an informed opinion as to which, if any, of your current complaints of pain are a result of your prior accident and which ones relate to the accident you just had. When your physician does not know about a prior accident, it is impossible for him to give an informed opinion and your case can end up being dismissed as a result.
Reporting prior accidents
NEW YORK’S HIGHEST COURT DEFINES THE BURDEN OF PROOF BETWEEN THE PARTIES REGARDING A LATE NOTICE OF CLAIM FILING (RESOLVING THE SPLIT OF AUTHORITY AMONG THE JUDICIAL DEPARTMENTS).November 3rd, 2017