Financial Recovery for an Aggravated Personal Injury
Individuals, who wish to recover for damages received from an auto accident, motorcycle accident, or trucking accident that aggravated a pre-existing condition or disability, are entitled to recover for only additional damages—not the original injury—providing evidence shows that aggravation actually occurred and that it occurred as a direct and proximate result of defendant’s negligence. Many people involved in accidents have pre-existing conditions, often conditions related to the back and/or spine, and these pre-existing conditions can complicate plaintiff’s claim for damages.
A pre-existing condition is any condition or disability in or to your body that existed prior to the accident for which you wish to claim damages. You may have been born with a condition; you may have developed a condition by illness; you may have received an injury or disability in another accident or you may have a medical condition simply as a result of the aging and degenerative processes.
An aggravation to the existing condition or disability may or may not occur as a result of an accident. But if the aggravation of an existing injury does occur as a direct and proximate result of another driver’s negligence, the injured party has a right to recover for damages under the law for the aggravated injury—even if the person’s pre-existing condition made him/her more vulnerable or susceptible to an aggravation than a person in good health and under the similar circumstances.
Defendant may also be held responsible for any complications that may arise as a result of the aggravation including a disease contracted because of lower vitality; for aggravation of an existing condition caused by negligent medical providers; and for injuries received in a subsequent accident which would not have occurred had plaintiff’s physical or mental condition not been injured or impaired.
An experienced plaintiff’s lawyer will submit evidence to the court showing that a pre-existing condition was in fact aggravated by defendant’s negligence. In most cases a physician will be called to attest to that fact. The law firm of Ward & Ward has over 80 years of combined experience in personal injury claims. If you’ve been injured in an accident and you’ve received an aggravated injury, call an experienced personal injury attorney. Call Charlie Ward at 317-639-9501 today for a free analysis of your claim.