Managing Partner
Victims who were previously plaintiffs in unrelated car accident lawsuits often worry that their prior litigation can be used against them. Lawyers and insurers may try to paint you as a “habitual litigant” or discredit you in other ways. That doesn’t mean their arguments are valid.
It’s important to understand the effect of a prior lawsuit on your current one. At the same time, it’s also vital that you not allow your past litigation experience to deter you from seeking justice. If you were injured in Long Island, talk to Dell & Dean PLLC about your legal rights.
How Past Lawsuits May Be Used Against You
If you previously sued someone in a car accident, and you currently have an unrelated, new injury claim, the at-fault party in your new case may try to use your litigation history against you. Here are some possible ways they might do so:
- Pre-existing injury: The at-fault party in your current case may allege that the injuries you suffered were actually a result of your prior accident. The defendant may introduce evidence from your old case to try to substantiate this argument.
- Habitual litigant: The defendant may label you a “habitual litigant,” alleging that you only file car accident and personal injury lawsuits to get money. This is a deliberate attempt to undermine your credibility and divert attention from the at-fault party’s negligence.
- Comparative negligence: When victims are partly to blame for causing an accident, the defendant can invoke comparative negligence. Doing so may reduce the available damages. The defendant may bring up evidence of comparative negligence from an old lawsuit.
How Past Lawsuits Can Help You
A prior lawsuit is not necessarily a liability in your current one. There are actually ways that having filed a previous Long Island car accident claim can help you, including:
- Proving a baseline condition: The medical evidence in your old case can prove what your health condition was like just prior to the latest accident. Contrasting your condition then with what it is now can help establish causation and your damages.
- Proving aggravation of old injuries: You can also compare medical documents to show that the current accident aggravated a past injury. A pre-existing injury does not automatically invalidate your current claim.
- Enhancing your credibility: You can demonstrate how you handled your last accident to boost your credibility in the current one. For example, the evidence may show you were upfront and honest with your doctors and others, and didn’t try to hide anything.
Steps You Should Take in a Subsequent Lawsuit
To protect your rights after being in an accident, and if you were previously involved in a car accident lawsuit, we recommend that you do the following:
- Hire a knowledgeable Long Island personal injury attorney: Hiring an attorney early is always recommended, but especially if you had a previous accident. You can expect the lawyers and insurers for the defense to learn about the other accident, so you need to prepare.
- Collect all records from your past lawsuit: These include filings, exhibits, correspondence with your lawyer and the insurance company, and more. Your current attorney will need to review these documents to prepare for any attempt to use your past lawsuit against you.
- Start gathering evidence and information from your recent car accident: Your attorney will assist with this process. It may include pictures and videos from the crash scene, the police accident report, and the names and contact information of any witnesses.
- Continue seeing your doctor: Defense lawyers will likely question the nature of your injuries, especially any that were pre-existing. You need to keep seeing your doctor and following their advice so you don’t worsen your own injuries or undermine your own claim.
Helping Long Island Car Accident Victims Each Step of the Way
Regardless of your past accidents, you have the right to seek compensation for your most recent one. Dell & Dean is here to secure the most amount of damages possible in your case. Reach out to us and schedule your initial consultation to get started.
