By Shane Smith, Personal Injury Attorney – Shane Smith Law
So, you were in a car wreck…
But you had an old injury before the crash happened.
Now you’re wondering:
“Did this mess up my case?”
Here’s the short answer: Not necessarily.
But it does make things a little more complicated.
Let’s talk about what you need to know and what we do to handle these situations at Shane Smith Law.
🤕 How Prior Injuries Impact Your Case
Having a pre–existing condition doesn’t mean you lose your case.
It just means we need to be more detailed and careful in how we prove what changed.
In personal injury law, the key is showing:
- What your condition was before the accident, and
- What got worse after the accident
That’s the story we have to tell → with evidence.
For a free legal consultation, call (980) 246-2656
🩺Your Medical Records Matter… A Lot
This is why what you say to your doctor is so important. If the injury is to the same body part or area as before, your doctor needs to document what changed.
For example:
- Before the wreck: You were managing your back pain with occasional meds
- After the wreck: You need daily painkillers and can’t sleep through the night
That kind of comparison, before vs. after, helps us prove your injury worsened because of the accident, and not from daily life or aging.
🚨If you are seeing a new doctor, make sure you tell them:
- What part of the body was hurt before
- How it felt before the accident
- How it’s worse now
- What new treatments or medications you’ve needed since
This needs to go into your medical notes because that’s what we use to fight for your compensation.
📝What If You Weren’t Seeing a Doctor Before?
That’s okay too. You can still have a valid case even if:
- You had an injury but weren’t actively treating it
- You were managing it on your own
- It wasn’t that serious, until now
In that case, we might:
- Have you sign an affidavit explaining your prior condition
- Use pain and suffering witness (like your spouse or friends) who can testify about how things were before and how they’ve changed
Click to contact our personal injury lawyers today
💬Example:
“Yeah, Shane’s knee used to bother him a little, but he never missed work over it. After the accident, he couldn’t even walk the dog without limping. Now he’s seeing doctors every week.”
That’s powerful. It helps tell your story, even if there aren’t old medical records.
Complete a Free Case Evaluation form now
🔍What Our Legal Team Does
If you’re one of our clients, here’s what happens next in the process:
- We gather your prior records (if you were treating before the wreck)
- We get new medical records showing your post-accident condition
- We collect from your family and friends if needed
- We help you document everything clearly and consistently
Along with fighting for you, we build a timeline to show exactly how the crash made your condition worse.
Final Thoughts from Shane
Having a prior injury does not ruin your case. It just means we have to do more work to prove how the accident made things worse.
That’s what we do at Shane Smith Law. We help good people like you fight back when insurance companies try to say, “You were already hurt.”
Some things to remember:
- Be honest with your doctors
- Talk openly about what changed
- Let your legal team get the evidence
- And don’t give up, you still have rights
📞In pain? Call Shane! (980) 999 – 9999
💼Shane Smith Law – Experienced in Pre–Existing Injury Claims
📺 Like this FAQ? Check out our YouTube channel to stay informed and up-to-date on how to protect your rights after a wreck or injury.
Call or text (980) 246-2656 or complete a Free Case Evaluation form
