What is a pre-existing condition?
A pre-existing condition is a medical condition or disability that was in existence prior to the accident for which you are claiming injuries and other damages. You can be born with a pre-existing condition; you may have acquired a pre-existing condition through illness; you might have been harmed or disabled because of a prior accident or you may suffer from a medical condition due to age and the degenerative processes. These are all examples of pre-existing conditions.
When a person seeks legal remedy for past and future medical expenses, loss of wages and other damages resulting from someone else’s negligence, be it car accident, motorcycle accident, truck accident or 18-wheeler semi-tractor trailer accident—and the negligent party is responsible for re-injuring an existing condition or injury, the case becomes more complex. Many people in a population have experienced some kind of medical condition at least once and sometimes on an ongoing basis. Often a condition may involve chronic pain from a previous back injury.
If an existing condition becomes aggravated because of the negligence of another driver, then the person who has been injured has every right, under the law, to recover for damages 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 in the same circumstances.
Defendant may also be held responsible for any complications that may arise as a result of the aggravation including the acquisition of a disease because of lowered vitality; for aggravation of an existing condition caused by the negligent acts of medical care 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.
Experienced personal injury attorneys
An experienced plaintiff’s lawyer will submit evidence to the court showing that a pre-existing condition was aggravated as a proximate result of defendant’s negligence. 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.