Can I still recover if I had a prior injury to the same area?
Yes, and this is one of the most misunderstood areas in injury law. People with prior back or neck problems assume they have no claim. That's wrong.
The principle. A defendant takes the injured person as they find them. If a crash aggravates a pre-existing condition, the aggravation is compensable — even where a healthier person wouldn't have been injured as badly.
What you must show is the difference. What your function was before, and what it is now. That's why evidence of pre-crash functioning matters so much.
What helps. Work attendance records. Activity history — the gym, the golf league, the yard work. Absence of treatment for a period before the crash. Witnesses who can describe what you were able to do. And prior records showing the condition was stable.
What the defense will argue. That your current condition is the natural progression of what already existed. That argument is answerable with evidence of function, and it's not answerable with argument alone.
Disclose every prior injury to your attorney immediately. Discovered is far worse than disclosed.
A prior injury doesn't end the claim. Hiding it does. ---
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