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In some instances the degree of your injury could even affect how the insurance company sees your claim.<br><br>Other potential factors that your attorney will consider include whether you have pre-existing injuries that were exacerbated by your accident. Defense lawyers will comb through your medical records to find any previous injuries that they can use to argue that you weren't injured in this particular accident, but rather, suffered an injury in another incident.<br><br>Your lawyer will evaluate the liability of the responsible people involved in the accident. If you fell on the sidewalk that was not maintained in front of a store for instance an injury lawyer can help determine if it's the city or the business at fault according to New York law. 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