North Carolina Injury Lawyer Blog
Although we handle most types of injury and death cases, it is usually a serious car wreck that brings a new client to our doorstep. Some of these new clients have already spoken with another Raleigh injury lawyer only to have their case turned down because of a pre-existing similar injury. They have found (usually during a short phone call) that as soon as the words “pre-existing injury” are mentioned, the conversion is pretty much over.
At Maurer Law, we meet each new prospective client in person and conduct a thorough intake interview. When we hear the words “pre-existing injury”, we do not shy away, we dive in. We often find that if we carefully listen to the client and ask the right questions, we might just be able to take a case that appeared unwinnable and discover that it is a diamond in the rough, if you will. It goes without saying that we cannot do much for a client unless they are open and honest about any pre-existing conditions they may have.In a case involving a pre-existing condition (usually a prior similar injury or degenerative condition… bad back, bad knee, etc.), the challenge for an attorney is to convince an insurance adjuster that the new accident either made it worse or reactivated the problem which had been symptom free for a while. Adjusters are skeptical by nature, as are insurance defense attorneys. I can say that because I used to be one and worked with adjusters every day for years. One of their favorite arguments is that “the wreck didn’t cause your client any problem he didn’t already have.”
Defense attorneys will often go on a “seek and destroy mission.” Quite simply, they will seek evidence of UNDISCLOSED pre-existing conditions (usually found in old primary care doctor records) and when they find them, they will use it to destroy a plaintiff’s case. It is a remarkably simple strategy, and a very successful one because the plaintiff’s credibility will be dealt an often fatal blow upon such a discovery.