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This is a great question, and will potentially be brought up by the defense should your case go to trial. How will prior injuries affect your car accident case in Virginia?

The short answer is that every case is different, and you likely need to talk to a legal professional about your particular injuries (it’s not an exciting answer, but it’s correct.) A lot hinges on the nature of your prior injury and how it would’ve been affected by the crash. If you have prior neck problems, for example, the defense may argue that your new neck injury was pre-existing and not caused by the accident, and therefore they shouldn’t have to pay the entirety of your claim.How do prior injuries affect my car accident case?

Here’s what you need to know:

You must be 100% upfront and honest with your lawyer. Your attorney should be your trusted advisor for every aspect of your case. This includes letting him or her know about issues that the defense will try to twist in their favor. Don’t think to yourself, “Well that injury wasn’t caused by the accident, why should I bring it up?” Anything and everything that can be used as a weapon against you needs to be dealt with and prepared for ahead of time by your attorney.

Be honest with your insurance company about prior injuries. The worst case scenario is if your insurance company discovers the prior injury and claims you were trying to hide it. This is bad for your case and is another hurdle that can be avoided with honesty. They will find out, so consult with a trusted attorney on how to lay your cards out on the table beforehand.

Ben Glass
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Ben Glass is a nationally recognized car accident and ERISA disability attorney in Fairfax, VA.