Many clients believe that injuries they suffered in a prior accident are not relevant to their new injury claim. However, this is not always correct. Depending on the type of injuries sustained in both accidents, a prior injury may be relevant to the new claim. 

Under the law in New Jersey, evidence of your old or prior injuries may be used by the insurance company in an attempt to show that your current injuries are really the same or similar as the old injuries.  For example, if you injured your knee in a new accident, the fact that you injured the same knee in a prior accident and had previous surgery on that knee, would be relevant with regard to your new claim.

Many clients incorrectly believe that this means that they cannot recover any money for the new accident. However, such a claim is perfectly fine. This type of claim is called an "aggravation claim". Essentially, it allows the injured party to recover money if the injuries which occurred in the new accident aggravated or made the preexisting injury worse. In such a case the injured person is entitled to recover money for any damages sustained due to an aggravation or worsening of the preexisting injury. 

If you sustained injuries in a prior accident it is important that you tell your lawyer about those injuries. By providing your lawyer with the correct information he can do a better job in representing you. Any new or different injuries that you sustain from a later accident are not subject to this aggravation rule. For example, if you injured your right foot in a prior accident and your neck in the new accident, then evidence of the prior foot injury is irrelevant to your new injury claim as it involves a different part of the body.

Because these types of claims are complicated you need an attorney who has experience in these types of cases. At Druckman and Hernandez we have successfully settled many "aggravation claims". If you have been injured please contact us at 908-353-5850 for a free consultation.