You’ve been through it before—an accident, an injury. It’s a part of life that can feel inevitable, like a chapter in a book you didn’t choose to write. But then, another accident happens. And suddenly, you're left wondering: Can you still pursue justice for your pain, even though your body bears the scars of past misfortune?

It’s a question that taps into something deeper than just legalities. It's about what happens when life pushes you down, yet again. Do you stay down, or do you get back up, even when you’re bruised from before? Many would say that your past injury limits your chances. They’d tell you that your history of pain might stand in the way of recovery. But what if they’re wrong?

(1) Yes, You Can Still Pursue a Case

Even if you’ve had a prior injury from an earlier accident or incident, you can absolutely pursue a new auto accident case. Just because you've been hurt before doesn’t mean you don’t have a right to seek compensation again.

I get it—many people worry that their past injuries might hold them back. But let me tell you, don’t let that fear stop you from fighting for what you deserve. You have the right to recover, regardless of whether your current injury is similar to or even the same as one you've had before. Your past doesn’t define your future, and in the eyes of the law, you are entitled to compensation for any new damage caused by someone else’s negligence.

(2) Why Some Lawyers May Not Take Your Case

Many lawyers might hesitate to take on your case if you’ve had a prior injury. They might think it complicates things, or that it’ll be too hard to prove you deserve compensation. It's understandable—dealing with a history of injuries can seem like extra baggage. Some lawyers might even see it as a reason to turn you away.

However, at Carter Injury Law, we see it differently. We understand the reality of what happens when you've been hurt before. If you've been injured in the past, you're actually more likely to be hurt again. It’s not a reason to turn you away—it’s the reason we’re here to help. Just because you’ve been through it once doesn’t mean you don’t deserve to be made whole again. We’ll fight for you, no matter what your injury history looks like.

(3) The Law Backs You Up

Under the law, if your previous injury has been aggravated, exacerbated, or activated by a new accident, you still have a valid claim. 

Let’s say you were in a car accident years ago, and you hurt your lower back. You’ve been managing it with mild discomfort, but then, another accident happens, and your back pain becomes significantly worse. The new accident has aggravated your prior injury, and because of that, you have the right to pursue a claim for the pain and suffering, medical treatment, and other damages resulting from the increased injury.

While the settlement may not be as large as if it were a brand-new injury, you are still entitled to compensation for your aggravated injury. This includes covering medical expenses, lost wages, and pain and suffering caused by the worsening of your pre-existing condition.

(4) Why You Shouldn't Settle for Less

Even though you may have a prior injury, that doesn’t mean you should settle for less. If your injury has been aggravated by a new accident, it’s important that this is properly taken into account when settling your case. You deserve to be compensated for the pain, medical costs, and any other damages caused by that aggravated injury. Don’t let anyone convince you otherwise.It’s important that this is properly taken into account when settling your case as highlighted by the American Bar Association.

Let’s say you were in a previous accident and hurt your knee. The pain wasn’t severe, but you managed it. Then, you’re involved in another accident that causes your knee pain to flare up, making it much harder to walk or work. Now, the pain is more intense, and you need to go through physical therapy and maybe even have surgery. If you settle for a lower amount because of the old injury, you’ll be shortchanged for the extra treatment and time off that this new accident caused. Make sure that the full extent of your aggravated injury is accounted for in your settlement.

(5) Carter Injury Law: Your Trusted Ally in The Toughest Times

If you’re unsure about your case or have questions that keep circling in your mind, don’t let them hold you back. We all find ourselves at a crossroads where the path ahead is uncertain. This is one of those moments, and you don’t have to walk it alone. 

When you contact us, there’s no cost and no fee. There’s no pressure, no catch—just a chance to have a conversation about what’s best for you. Whether it’s in person or over the phone, we’ll find a time that fits into your life. After all, the journey to getting the compensation you deserve doesn’t need to be complicated or intimidating. We’re here to make it as easy as possible for you to take the next step.