Pre-Existing Injuries vs. New Injuries: Proving What the Accident Actually Caused
If you have been injured in an accident, you have the right to pursue compensation for your injuries against the at-fault party. However, insurance companies are strict when analyzing claims. A common tactic insurance companies use is to question whether your injuries were caused by the accident or existed before it.
When filing a personal injury claim, it’s important to properly link the injuries you suffered directly to the accident, whether through medical documentation, witness testimony, or photographic evidence. Doing so can minimize the chances that the at-fault party’s insurance will question your injuries.
At Abrahamson Law Office in Omaha, Nebraska, our attorneys help accident victims build strong personal injury claims that accurately reflect the severity of their injuries. If you need help filing a claim after an accident, contact us to schedule a consultation.
Pre-Existing vs. New Injuries
Under Nebraska law, a pre-existing injury is defined as a medical issue or pain that you experienced before the accident occurred. You cannot pursue compensation for pre-existing injuries as part of your accident claim, but you might be able to seek damages if the accident aggravated or worsened a pre-existing injury.
For example, if you have been diagnosed with a spinal or back injury, such as a herniated disc, the sudden impact from a car accident could cause new pain or additional trauma. When filing a claim, you may be able to pursue compensation for the new pain, but not for the original disc injury.
New injuries, on the other hand, are defined as injuries that were directly caused by the accident. New injuries typically form the basis for a personal injury claim, but you will need to provide detailed evidence to connect them to the at-fault party’s negligence.
How to Prove Which Injuries Were Caused by the Accident
If you plan to file a personal injury claim after an accident, you will need to provide considerable evidence that links your injuries or trauma to the incident. Our experienced Nebraksa personal injury attorneys can help you take the following steps to prove causation and strengthen your case.
Seek Medical Attention
Visit a doctor or an emergency clinic as soon as possible after the accident. Tell your doctor that you were involved in an accident and have them state in the medical report whether your injury was caused by the accident. If you have a pre-existing condition, inform your doctor and have them document how your injury was aggravated or impacted by the accident.
Getting medical attention right away shows that you took the injury seriously. Waiting to seek medical care could enable insurance companies to argue that your injuries were not related to the accident.
Report the Accident
Call law enforcement to the accident scene and have them file an official police report. Police reports typically include information about who is likely at fault and whether either party suffered injuries. Nebraska follows a modified comparative negligence rule, meaning you can recover compensation as long as you are less than 50% responsible. Police reports can help identify liability and provide key evidence to strengthen your personal injury claim.
Document the Accident Scene
While at the accident scene, take photos and videos of the accident and the injuries you sustained, such as cuts, bruises, or broken bones. Photos and videos can help highlight the severity of the accident and disprove pre-existing injury claims. If you are unable to gather evidence yourself, have someone take photos and videos for you.
Gather Medical Records
Obtain copies of your medical records, including all relevant doctor notes, test results from X-rays or MRIs, emergency room admission forms, triage notes, physical therapy treatments, and medications. These can highlight the onset of new symptoms and provide detailed analyses that link your injury directly to the accident.
Keep a Pain Diary
In addition to medical documentation and police reports, consider keeping a diary that logs the symptoms and pain you experience on a daily basis. Also include notes about how your injuries limit your daily activities or impact your ability to work or engage in the hobbies (in applicable) that you enjoyed before the accident.
Without evidence that proves your injuries were caused by the accident, insurance companies may dispute the cause of your injuries and possibly limit the amount of compensation you are eligible to recover. If you have been injured in an accident, contact our Nebraska personal injury attorneys for guidance on how to file a claim.
The Importance of Causation
Simply stating that you were in an accident and were injured often isn’t enough to support a personal injury claim. Instead, you will need to directly connect your injuries to the accident. This is known as causation. When building your claim, work with an attorney to create a clear timeline that shows how you felt before the accident and how you experienced symptoms or visible injuries.
In some cases, expert testimony from your attending physician or an accident reconstructionist (in the event of a car accident case) can provide additional explanations about how the accident occurred and how your injuries were a direct result.
Contact Our Experienced Personal Injury Attorneys in Omaha, Nebraska
If you have suffered an injury due to someone else’s negligence, you have the right to file a claim against the negligent party. However, it’s essential to prove a link between the accident in your injuries to strengthen your claim and disprove claims of pre-existing conditions or non-causality.
At Abrahamson Law Office, our attorneys, Hugh I. Abrahamson, Jill M. Abrahamson, and Robert E. Larsen, are dedicated to helping you build a strong personal injury claim that directly links your injury to the accident and pursuing the compensation you need for your recovery.
Located in Omaha, Nebraska, we serve clients throughout Nebraska and Iowa. Contact us today to schedule an initial consultation and discuss your options for pursuing compensation after an accident.