Pre existing Injuries can ruin good PI cases
John Reed drove his Infinity on US 101 in south San Jose and was rear-ended by an Oldsmobile. Reed got $5,107 property damage. The defendant received $6,180 in car damage. The defendant even admitted he caused the accident.
Why then the jury did not award ANY compensation?
Reed complained of back and neck aches, headaches, and shoulder problems. His chiropractic bill was only $2,165, his loss of earnings a reasonable $1635
SO WHAT WENT WRONG?
Defendant used a very common tactic. Def claimed the accident was not a SUBSTANTIAL FACTOR in causing the alleged injuries.
Sadly, Mr. Reed denied under oath he had any prior neck problems. However, the records and testimony of Mr. Reed’s PRE ACCIDENT treating chiropractor proved Reed had “significant” prior problems.
Reed demanded $10,000, and turned down an offer of $2000 from CSAA. The Jury took 3 hours to rule against Reed.
LESSON: MANY PATIENTS HAVE SEEN CHIROPRACTORS BEFORE; ALWAYS GET PRIOR RECORDS AND FULLY DISCLOSE PRIOR CARE IN YOUR REPORT. PROVE THE DEGREE OF AGGRAVATION. IF THE PATIENT HAS NOT SEEN A DC RECENTLY THEN PRIOR CARE IS NOT A PROBLEM.