If you've been in a prior accident—whether it was 3, 5, or even 10 years ago—you may be wondering if you're still eligible to bring a new case after a second injury. The short answer is: yes, you can. At Goldstein & Handwerker, we often get this question, especially when people reinjure the same body part, like their back or neck.

Prior Injuries Don't Eliminate Your Rights

Even if you've previously brought a personal injury case, that doesn't disqualify you from filing another if you've been hurt again—especially if the new accident was caused by someone else's negligence. You still have a right to seek compensation for the new damage or the worsening of a pre-existing condition.

How Do Past Injuries Affect Your Case?

It's true that previous injuries can make your case more complex. Insurance companies often argue that your pain or limitations aren't from the current accident—they'll try to blame the prior one. But this doesn't mean you're out of options.

Here's where medical documentation becomes critical. Your doctor can compare MRIs or other diagnostic tests from both incidents. If the doctor finds that your condition has worsened due to the new accident, that difference becomes the basis for your claim. In legal terms, you're entitled to compensation for the aggravation of an existing injury.

Example: Measuring the Impact

Let's say after your first accident, your back function dropped from 100% to 50%. Over time, you recovered up to 75%. Then, a new accident drops you back to 50%. In this case, you're not being compensated again for the original injury—you're recovering for the loss from 75% back to 50%.

Don't Be Discouraged—Get Legal Guidance

These are more challenging cases, but they're absolutely worth pursuing if you've been hurt again due to someone else's fault. If you're unsure about your situation, we're here to help.

Contact Goldstein & Handwerker at the number listed above, or visit www.ghawnyj.com for more information. We'll evaluate your case and help you understand your options.