Slip and Fall Records: Distinguishing Pre-Existing Conditions From New Injuries
A plaintiff slips and falls on ice, at a grocery store, or in one case I worked on, the plaintiff slipped on a banana peel. Slip-and-fall cases often look straightforward until you examine the medical documentation.
How the LNC Helps with Slip and Fall Cases
Once you begin reviewing slip and fall records, the picture becomes much more complex. As you support personal injury attorneys, one of the most valuable contributions is sorting out which injuries are new and which were present before the incident.
This distinction influences causation arguments, negotiation strength, overall case value and the likelihood the attorney will win the case.
Many clients who fall have long-standing health issues—degenerative spine changes, chronic knee pain, or arthritis that has been quietly limiting their mobility.
When the fall occurs, symptoms can flare, old problems can worsen, and new injuries can appear.
Attorneys depend on you to clarify that puzzle, and slip and fall records provide the evidence needed to build a clear injury timeline.
A productive place to begin is with imaging. Comparing the reports describing pre-incident films to post-incident studies is one of the most direct ways to identify changes.
If a patient had a lumbar MRI a year earlier and the scan after the fall now shows a disc herniation not previously seen, the difference becomes critical to the case.
Also, if both sets of imaging show long-standing degenerative disease, you can explain how an expert can opine on how much of the current pain is linked to chronic changes rather than the fall itself.
Because many imaging findings—such as mild disc bulges—appear even in people without symptoms, your help is vital. You bring context that attorneys cannot gain from reading the radiology report alone.
Create a Timeline of Slip and Fall Records
Creating a clear timeline is the next step. Early notes in slip and fall records often reveal changes in pain patterns. For instance, a patient with a history of intermittent back pain who suddenly develops persistent radicular symptoms after the fall demonstrates a meaningful shift. Even subtle differences captured in triage notes or emergency department documentation can show that the fall produced new injury patterns. Attorneys frequently overlook these tiny but powerful indicators.
Analyzing the Medical Records
Provider wording matters as well. Clinicians may use terms such as “acute on chronic,” “exacerbation,” or “new onset.” These phrases influence how attorneys frame the case. At times, physicians rely heavily on the patient’s recollection, which can lead to vague descriptions and possible misinterpretations of the event.
Your review of the slip and fall records helps
- identify inconsistencies,
- places where the history needs clarification, and
- documentation that supports or weakens the theory of aggravation versus new injury.
Therapy documentation adds another dimension. Physical and occupational therapists document functional abilities in a level of detail that can be enormously helpful.
In one case I reviewed, the therapist wrote the patient walked with a limp when he knew he was being observed but had no limp when he thought no one was noticing him.
If the patient walked independently before the incident but now requires a cane, therapy notes usually capture that shift. They also chronicle variations in progress, unexpected setbacks, or persistent deficits. These observations help attorneys understand the real impact of the fall.
Medication changes add further context. When a patient with low-level chronic pain suddenly requires stronger medication, muscle relaxants, or more frequent dosing after the incident, the shift often supports the presence of a new or worsening injury.
On the other hand, long-term medication use documented before the fall may suggest a baseline of chronic conditions. Getting pharmacy records that reflect prescriptions of all providers is essential.
Pre-existing vs New Injuries
Sorting out pre-existing conditions from new injuries isn’t a matter of guesswork. Slip and fall records contain patterns, comparisons, and clinical language that reveal what changed and when. When LNCs explain those details clearly, attorneys gain a stronger foundation for proving causation and negotiating case value. It turns you into the person who can decode the medical story behind the fall.
This type of analysis strengthens the attorney’s strategy and shows the power of detailed record review. When handled well, slip-and-fall cases demonstrate how much influence a skilled LNC brings to personal injury litigation. The records hold the clues—your interpretation brings them to life.
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Pat Iyer is president of The Pat Iyer Group, which develops resources to assist LNCs in obtaining more clients, making more money, and achieving their business goals and dreams.
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