Probably. Even if the pain you’re having now is to an entirely different part of your body and you haven’t had treatment in several years, you can bet that the insurance adjuster will argue that your recovery should be reduced because you have been previously injured. You can also expect the insurance defense lawyer to make the same argument at trial. Though it isn’t truly a valid argument, insurance companies use it all the time.
If your case goes to trial, one of the key issues before the Judge or Jury will be whether your testimony is credible. If you have not been totally upfront about your previous claims, you will come across as trying to hide something. This can be the case even if the omission has nothing to do with the case at hand.
Insurance companies have vast resources and access to intracompany databanks about your previous auto accident and medical treatment history. You should assume that if you have previously made any sort of insurance claim – injury, property damage, worker’s compensation, etc. – that the insurance company knows about it and will use it against you. The best thing that you can do is make sure that your personal injury attorney knows your complete medical history.
The degree to which your prior injuries will impact the settlement value in your case depends on the medical records in your own, individual case. However, if you have been in a prior accident – especially a recent accident – you will almost certainly need a Virginia personal injury attorney in order go get the type of recovery your case requires.