In many personal injury claims, the Claimant may encounter opposition from the Defendant on the basis that the Claimant has suffered a pre - existing injury. Whilst the Claimant may not be awarded damages for any condition that occurred prior to the index accident, the Claimant is entitled to recover damages for any injury, whether psychological or physical that has been exacerbated as a result of the incident in question.
At the outset, it is important that the Claimant understands their duty to disclose any previous injuries regardless of how dissimilar they are to those they are currently experiencing. Failure to disclose pre - existing injuries will undoubtedly impugn the Claimant's credibility and the overall value of the claim.
Further, it is paramount that the aforementioned information is disclosed to any medical experts that attend upon the Claimant in order for previous medical records to be adequately assessed. This will enable the expert to compare previous medical tests in order to objectively verify how the accident worsened the Claimant's pre - existing condition. By promptly disclosing pre - existing injuries in personal injury claims and by arguing that the said injuries rendered the Claimant susceptible to new injuries, legal representatives are able to review the Claimant's position and ensure that the appropriate amount of damages are recovered.