The Injury You ‘Already Had’
WHERE OLD PAIN MEETS NEW HARM
One of the oldest defense arguments in personal injury law is also one of the most common: “That problem was already there.” We see it all the time when an injured person has a long medical history, and the other side tries to use that history to shrink or erase the claim. A recent case I handled is a good example. An older woman with preexisting knee problems fell because of a hole in a parking lot and later needed a knee replacement. Instead of focusing on the condition of the parking lot and what the fall did to her, the defense tried to shift the story in a different direction. They pointed to her arthritis, osteoporosis, and prior knee complaints and argued that she would have needed that treatment anyway. That is where these cases become more involved but not less legitimate. In personal injury law, you take a person as you find them. A preexisting condition does not give a negligent party a free pass. If someone was already vulnerable, and a fall made that condition worse, that worsening still matters. The real question isn’t whether the person had prior problems. The question is what changed after the accident.
Getting the answer to that question usually means digging much deeper into the records. In a case like this, I can’t just look at what happened after the fall. I also have to compare the pre-accident medical picture with the post-accident one. What symptoms had she mentioned before? What did the imaging show? How active was she, and how did her day-to-day life change after the fall? We are doing more than simply proving someone was hurt. We also have to prove how a person’s life changed above and beyond the problems that were already there. We do that by carefully reviewing old and new injuries and gathering strong medical records from both the doctors who treated the client before the accident and those who treated them afterward. Then, our job is to clearly explain the difference between an old condition and a new loss. In this particular case, we reached a favorable settlement agreement for our client. The takeaway is to never assume you have no case just because you have a prior injury. Speak with an attorney who can help you evaluate the full picture. SUDOKU
Cinnamon Roll Peach Cobbler
This easy-to-make dessert combines two classic delights for the perfect after-dinner indulgence.
Ingredients • 2 (15 oz) cans of peach chunks, drained • 1/3 cup brown sugar • 1 tbsp cornstarch
• 1 tsp cinnamon • 1 tsp vanilla extract • 2 5-count cans Pillsbury
cinnamon rolls (reserve icing)
1. Preheat oven to 350 F and grease a 9x13 baking dish. 2. In a mixing bowl, combine peach chunks with brown sugar, cornstarch, cinnamon, and vanilla, then mix until evenly coated. 3. Cut each cinnamon roll into six pieces and place them in the baking dish. 4. Add the peach mixture and gently stir to combine. 5. Bake for 40 minutes until golden brown. 6. Cool for 5 minutes before drizzling with icing. Directions
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