How Do Pre-Existing Medical Conditions Affect My Personal Injury Claim?
Re-injury of older trauma: If the recent car collision or slip and fall incident worsens a back injury or condition that already exists, you can still seek monetary recovery for the additional medical care and pain & suffering starting at the time of the new accident. By way of example, a vehicle hits your car from the rear, and your lower back is injured. You already had a bulging disc which is documented and the recent accident ruptures that disc. The fact that you already had a bulging disc, does not mean you are restricted from making a claim for the personal injury caused by the most recent accident.
Complications of existing chronic condition/illness: You or a family member has a chronic illness that causes brittle bones. You slip and fall on another person's property and your leg breaks only because of your pre-existing brittle bone condition. The other person can still be held responsible for your damages do to the personal injury, broken bone and anything arising from that broken bone as long the fall was the other person's fault.
This is not to say that the “pre-existing condition” won't complicate proving your damages and making the connection between your new, additional personal injury, medical expenses and pain & suffering. In turn, it is even more important that you hire an attorney early who can protect you against the insurance company's coming defenses based on your existing condition.
Be sure that you recover for all of your present AND future medical expenses and pain and suffering resulting from your personal injury. The safest course is to consult with an Atlanta, Georgia personal injury attorney as soon as possible. The facts and evidence need to be secured immediately, and your medical condition needs to be carefully monitored. Contact the Law Office Of Sidney Weinstein, 24/7, for a free accident and personal injury consultation by calling 404-522-3108. We can come to you at your home or any of the Atlanta, Georgia area hospitals including Grady Memorial Hospital and Atlanta Medical Center.