Do I have a claim if I have had the same accident before?

Author: Attorney Dennis Schaefer

It is not a simple answer, but in a lot of circumstances the answer is yes. Frequently we speak to clients who hesitate to make a claim because they have had a similar claim before. They have a mistaken belief that they will not be able to succeed on a subsequent similar injury accident.

The absolute key to being able to make a successful claim on a case involving similar injuries is proper medical documentation. The treating physician in the second case must be able to objectively distinguish the injuries in the first case from the injuries in the second case. Distinguishing these injuries is easier if it is the same treating doctor on both cases. However, it is also possible for a new doctor to distinguish these injuries adequately to make a valid claim.

To summarize, don’t assume anything about a potential case. Pick up the phone or write an email to Dell & Schaefer and let us help you.