Can you still recover damages if you suffer from a pre-existing injury?

Some personal injury cases involve accident victims who have a pre-existing condition. A skilled attorney can deal with this aspect of a case and in many instances can overcome arguments from insurance companies that attempt to deny compensation based on the pre-existing condition.

What is a pre-existing condition?

A pre-existing condition is a medical condition that existed prior to the current medication condition. Often insurance companies argue that an injury was not caused by a current accident or worsened by it. They try to show the accident had no causative relationship to the present medical condition. Or, they argue that the accident didn’t appreciably exacerbate the pre-existing condition.

In what ways can accidents worsen a pre-existing condition?

However, accidents often do worsen a victim’s condition, even when they have a pre-existing condition. The force of a car accident can strike a blow against a victim’s back, worsening a herniated disc or re-injuring an area. A slip and fall, defective drugs or defective products can harm someone newly and worsen their medical condition.

What damages may arise from an accident involving a worsened pre-existing condition?

The victim might experience damages that include:

  • Greater disability
  • The need for rehabilitation, physical therapy or mental health counseling
  • Lost income due to the inability to work
  • Lost future income due to no longer being able to perform a certain job
  • Pain and suffering
  • Property damage to a vehicle

Do you need help with a case that involves a pre-existing condition?

Our attorneys at Sackstein, Sackstein & Lee, LLP have extensive experience dealing with personal injury cases, including clients with pre-existing conditions. We offer a free consultation to explain your legal rights and determine whether grounds exist to sue. Call us at  516-248-2234 or 718-539-3100 or reach out to us through our contact form.