Distinguishing New Injuries from Pre-Existing Conditions to Strengthen a Personal Injury Claim
A personal injury claim arose from a supermarket incident on [MM/DD/YYYY], where the claimant sustained several injuries including a closed head injury. Complicating the case was the claimant’s medical history, which included prior injuries from a motor vehicle accident that resulted in similar complaints. The challenge was to differentiate between the injuries caused or aggravated by the supermarket incident and those that caused it.
Client Requirements
The client sought an in-depth evaluation of the claimant’s medical records to identify facts that supported or contradicted the claimed injuries and damages resulting from the supermarket incident. The primary objective was to assess the strengths and weaknesses of the case, with a particular focus on establishing causation and the extent of aggravation to pre-existing conditions.
Case Focus Points
- Establish whether the supermarket incident aggravated the pre-existing injuries or caused new injuries.
- Distinguish between symptoms related to the MVA and those linked to the supermarket incident.
- Analyze medical documentation for gaps in treatment and continuous causation evidence.
- Address any conflicting reports about the claimant’s condition before and after the incident.
Trivent Legal’s Approach
We conducted an in-depth review of the medical records, focusing on the claimant’s medical history and post-incident treatments. Key medical events were extracted, highlighted, and segregated into supportive (good facts) and contradictory (bad facts) categories:
- Good Facts: Emphasized evidence showing an aggravation of symptoms following the supermarket incident and documented worsening conditions.
- Bad Facts: Highlighted pre-existing degenerative changes, previous treatments for similar complaints, and any symptom fluctuations post-incident.
Trivent also identified potential gaps in medical documentation and provided recommendations for addressing missing records or inconsistencies in causation.
What we delivered to the client
- Detailed Fact Chart: Segregated good and bad facts related to the claimant’s injuries, organized for quick reference.
- Annotated Medical Records: Extraction and highlighting of significant medical events, color-coded for clarity.
- Comprehensive Report: A written analysis of the case, including recommendations addressing missing evidence and potential legal challenges.
- Strategic Recommendations: Guidance on strengthening the argument for causation and preparing for defense strategies based on pre-existing conditions.
Results
Trivent Legal’s structured approach enabled the attorney to distinguish between the impacts of the supermarket incident and the claimant’s prior conditions effectively. Let Trivent Legal help you uncover the critical facts that matter. Our detailed medical record reviews provide the clarity you need to build a compelling case strategy, identify strengths and weaknesses, and address potential legal challenges.
If you need your case to be reviewed, please reach out to us at 610-674-6901 or email us at [email protected]