Can You Have A Case For An Injury Made Worse By A Car Accident?

We appreciate your like, share or follow. Your online activity helps us reach a larger audience, so please consider taking a moment to leave us a comment on our videos, or share our posts on social media.

How Can We Help You?

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Can You Have A Case For An Injury Made Worse By A Car Accident?

Personal Injury Attorney Ben Schwartz explains how you can have a prior injury but the pain or symptoms of that injury are worse by a car accident it may be a legitimate personal injury case.

Hi, I’m Attorney Ben Schwartz,

Today we are going to take a viewer question from Tanisha in Wicomico County, Maryland. Tanisha wrote in and she said, I was actively seeing a doctor and going to physical therapy for my neck pain. I then got in a car accident where I was rear-ended which made my neck pain much worse. Can you still have a personal injury case even if you had this injury before the car accident?

I think it’s a wonderful question, a lot of people over the years have asked me the same question. How can I have a case if I was injured before the accident, and then I get in the accident, and the injury from the accident is to the same body part? The answer is Yes, you absolutely still can have a case. The question is what new injury, what new symptoms or how much worse did the accident make this injury as compared to the way it was before. In most cases, this is going to come down to a question for the doctor who’s treating you.

So, the doctor has been seeing you for your neck. The doctor has done an x-ray, maybe the doctor did an MRI of your neck and has referred you to chiropractic or physical therapy or what have you. Then you get in the car accident. You have whiplash to that neck and the pain is worse. Well, one thing the doctor is going to ask you is, what was the pain on a scale of 1 to 10 before the accident? And what is the pain on a scale of 1 to 10 after the accident? Maybe the doctor will rerun those x-rays or MRIs and look and see if there is new objective evidence on the imaging studies of some new injury. Or if there is some objective evidence on those imaging studies of a worsening of that prior condition.  These are things that are up to the doctor to evaluate. These are things that are going to be up to the doctor to testify about but if you are injured in an accident and your old injury has now been made worse, that is most likely a legitimate basis for a personal injury claim.

So, Tanisha thank you very much for writing in. Folks if you are out there and watching videos on the internet and you think, I have a question that I would like Ben to answer, send me an email. My email address is ben.schwartz@schwartzandschwartz.com.

Thanks for watching!

 

You May Also Like These Related Videos…

Does Immigration Status Matter?

Does immigration status when making a car accident or Workers' compensation claim? In this video, Personal Injury Attorney Ben Schwartz, along with Client Intake Coordinator David Fontanz explains to viewers the answer. https://youtu.be/eT8GW4oiMVE Hey folks I’m Attorney Ben Schwartz, Today I have...

read more

Blockburger Rule

Attorney Ben Schwartz answers a viewer question regarding the Blockburger Rule and how the Eighth Amendment prohibits double jeopardy. You cannot be charged for the same crime twice, but there is a thing called lesser included offenses. https://youtu.be/bqNL-G4WLJw Hi, I’m Attorney Ben Schwartz,...

read more

0 Comments

Submit a Comment

Your email address will not be published. Required fields are marked *

Meet Our Team Of Experts

Rob Collins

Attorney

Gwendolyn Osborn-Gustavson

Attorney

Freddie Daniels

Joe Stanley

Attorney

r-mark-taneyhill-attorney

R. Mark Taneyhill

Attorney

James "Matt" Stiller

Attorney

Freddie Daniels

Ben Schwartz

Managing Partner

Scott T. Smith

Case Manager

Stephen Norman

Of Counsel

Freddie Daniels

Practice Manager

Steven Schwartz

Founding Partner

YoungAbout2

Kenneth Young

Attorney

REQUEST A FREE CASE EVALUATION

Main Office

1140 South State Street
Dover, Delaware 19901

VISIT US ON SOCIAL MEDIA

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Dover, Delaware

1140 & 1126 South State Street
Dover, Delaware 19901

More Details

Are you looking for a Dover, Delaware Personal Injury Lawyer?  Our Dover, DE law office is located adjacent to Carroll’s Plaza in Kent County, Delaware.

Bethany Beach, Delaware

34026 Coastal Highway
Bethany Beach, Delaware 19930

More Details

Are you searching for a personal injury or wrongful death attorney handling cases in the Delaware beaches area or Ocean City, MD? Schwartz & Schwartz attorney Stephen Price Norman maintains an office on Route 1, Coastal Highway in South Bethany Beach, DE.

Dagsboro, Delaware

30838 Vines Creek Road, Unit 3
Dagsboro, DE 19939

More Details

Are you trying to find a personal injury lawyer for your Eastern Sussex County, DE or Eastern Shore of Maryland case? Schwartz & Schwartz personal injury lawyer Stephen Price Norman maintains an office on Vines Creek Road in Dagsboro, Delaware.

Wilmington, Delaware

1525 Delaware Ave.
Wilmington, Delaware 19806

More Details

We are Wilmington, Delaware Personal Injury Attorneys. Our Wilmington law office is located at 1525 Delaware Avenue in New Castle County, Delaware 19806.

Salisbury, Maryland

Suite 500-A
100 East Main Street
Salisbury, Maryland 21801

More Details

Are you looking for a Salisbury, Maryland Personal Injury Lawyer? Our Salisbury law office is located next to the Shore Bank in Downtown Salisbury, Maryland. Our building address is 100 East Main Street Salisbury, Maryland 21801 and our office is located in Suite 500-A.

Philadelphia, Pennsylvania

1650 Market Street 36th Floor
Philadelphia, Pennsylvania 19103

More Details

Schwartz & Schwartz, Attorneys at Law, P.A. is a Mid-Atlantic regional plaintiff’s trial law firm focusing on wrongful death and catastrophic personal injury cases, with offices in Philadelphia, Pennsylvania.

Baltimore, Maryland

Legg Mason Tower
100 International Drive, 23rd Floor
Baltimore, MD 21202

More Details

We are Baltimore, Maryland trial lawyers handling wrongful death and serious personal injury cases

Washington, D.C.

Coming Soon!
Stay Tuned For Our New Office Location
Washington, D.C.

Directions Coming Soon

More Details

Stay tuned for more information about our new Personal Injury & Wrongful Death law office, which will be located in Washington, D.C.

What Are You Waiting For?

We have offices conveniently located to provide expert legal representation in Delaware, Maryland, Washington, D.C., New Jersey, and Pennsylvania.

Free Consultations

We offer free consultations in most cases, but not all. Please give us a call to see if you qualify.

Call or Email Us today

Time is an important factor in most legal cases. Don't delay, send us an email or call today!

24/7 Service

Our normal office hours are Mon - Fri, 9 am - 5 pm. Our answering service is available 24/7 at 1-855-847-8437.

Convenient Regional Locations

We have offices located to provide expert representation in Delaware, Maryland, Pennsylvania, Washington, D.C., and New Jersey.

Tip The Scales of Justice in Your Favor

Schwartz & Schwartz, Attorneys at Law is a major force in Delaware, Maryland, Washington, D.C., New Jersey, and Pennsylvania civil and criminal litigation.

Law Firm Testimonials

Gwendolyn Osborn-Gustavson

Scott T. Smith

Rob Collins

Steven Schwartz

Freddie Daniels

Joe Stanley

Freddie Daniels

R. Mark Taneyhill

Stephen Norman

Freddie Daniels

Ben Schwartz

James "Matt" Stiller

Tip The Scales of Justice in Your Favor

Our attorneys have significant experience in corporate, business and commercial litigation, in the United States District Court, in the Delaware Court of Chancery, and in the Delaware Superior Court.
Complex Corporate, Business and Commercial Litigation issues require the expertise of skilled legal corporate litigation professionals with experience in the industry and the ability to provide tenacious,

Criminal Defense Lawyers in Delaware

Schwartz & Schwartz offers a FREE CONSULTATION with Criminal Defense Lawyers in Delaware to anyone who has been arrested or who has been contacted about a prospective criminal arrest.