Can I Claim If I Have A Pre Existing Injury?

Writing By /
Brenton Armour
UX/UI Designer at - Adobe

Brenton Armour, the visionary founder and lead attorney at InjuryLawsuitHelper, boasts an impressive 15-year track record in personal injury law. His remarkable expertise spans cases...Read more

Introduction:

If you have a pre-existing injury and have been involved in an accident or any other incident, you may be wondering whether you can still make a claim. The answer to this question is not always straightforward and will depend on various factors. In this article, we will explore the topic of claiming compensation for pre-existing injuries and provide you with the information you need to understand your options.

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Pre-existing injuries can make dealing with an accident or injury even more challenging. However, just because you had a pre-existing injury does not necessarily mean that you cannot make a claim. Whether or not you can claim will depend on the specifics of your case, including the type and severity of your injury and the circumstances surrounding the incident.

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It is crucial to seek legal advice from a personal injury lawyer if you have a pre-existing injury and are considering making a claim. They will be able to assess your case and advise you on your options. In some cases, you may still be entitled to compensation, while in others, your pre-existing injury may affect the amount of compensation you can receive. Understanding your rights and options is essential in ensuring that you receive the compensation you deserve.

Can I Claim if I Have a Pre Existing Injury?

Yes, you can claim compensation for a personal injury even if you have a pre-existing condition. However, the compensation amount may be affected by the pre-existing injury. The compensation will be based on the severity of the injury and the impact it has on your life. It is important to disclose any pre-existing conditions to your lawyer to avoid any complications during your claim process.

Can I Claim if I Have a Pre Existing Injury?

Can I Claim if I Have a Pre Existing Injury?

When it comes to personal injury claims, it’s not uncommon for individuals to have pre-existing injuries or medical conditions. However, many people are unsure whether they can still make a claim for compensation if they have a pre-existing injury. In this article, we’ll explore this question in detail, examining the factors that can impact your claim and offering some expert advice on how to proceed.

Understanding Pre-Existing Injuries and Personal Injury Claims

If you have a pre-existing injury or medical condition, it’s important to understand how this can impact your personal injury claim. In general, if your pre-existing injury was worsened or exacerbated by the accident or incident that led to your personal injury claim, you may be able to claim compensation for the additional damages or injuries that you sustained. However, if your pre-existing injury was not impacted by the incident, it may be more difficult to make a successful claim.

For example, let’s say that you have a pre-existing back injury that causes you occasional pain and discomfort. If you’re involved in a car accident that exacerbates your back injury, causing you significant pain and limiting your mobility, you may be able to claim compensation for the additional damages and injuries that you sustained. However, if the car accident did not impact your pre-existing back injury, it may be difficult to make a successful claim for compensation.

The Importance of Medical Evidence

One of the most important factors that can impact your personal injury claim is the medical evidence that you provide. If you have a pre-existing injury or medical condition, it’s important to provide detailed medical records and evidence that clearly demonstrate how the incident worsened your injury or condition.

For example, if you have a pre-existing knee injury and are involved in a slip and fall accident that exacerbates your knee pain, you should seek medical attention right away and make sure to document your injuries with detailed medical records and reports. This evidence can help support your claim for compensation and increase your chances of success.

The Role of Contributory Negligence

In some cases, if you have a pre-existing injury, the other party in your personal injury claim may try to argue that you were partially responsible for your injuries. This is known as contributory negligence and can impact the amount of compensation that you are entitled to receive.

For example, if you have a pre-existing back injury and are involved in a car accident, the other driver may argue that you were partially responsible for your injuries because you were not wearing a seatbelt. In this case, your compensation may be reduced to reflect your degree of contributory negligence.

The Benefits of Working with a Personal Injury Lawyer

If you have a pre-existing injury and are considering making a personal injury claim, it’s important to work with an experienced personal injury lawyer who can help you navigate the legal process and maximize your compensation. A personal injury lawyer can help you gather the necessary evidence, negotiate with insurance companies, and represent you in court if necessary. They can also help you understand your legal options and assess the strength of your claim.

Additionally, working with a personal injury lawyer can help ensure that your claim is handled professionally and ethically, and that you receive the compensation that you are entitled to under the law.

Pre-Existing Injuries vs. New Injuries

It’s important to note that if you have a pre-existing injury, you may still be able to claim compensation for new injuries or damages that you sustained as a result of the incident. For example, let’s say that you have a pre-existing back injury and are involved in a car accident that worsens your back pain, but also causes a new injury to your neck. In this case, you may be able to claim compensation for both your pre-existing injury and your new injury.

However, it’s important to provide detailed medical evidence and documentation to support your claim for compensation for your new injury or damages.

The Importance of Acting Quickly

If you have a pre-existing injury and are considering making a personal injury claim, it’s important to act quickly. In many cases, there are strict time limits for making a claim, and delays in seeking medical attention or gathering evidence can weaken your claim and reduce your chances of success.

Additionally, working with a personal injury lawyer as soon as possible can help ensure that your claim is handled professionally and ethically, and that you receive the compensation that you are entitled to under the law.

The Bottom Line

If you have a pre-existing injury and are considering making a personal injury claim, it’s important to understand your legal options and the factors that can impact your claim. By working with an experienced personal injury lawyer and providing detailed medical evidence and documentation, you can increase your chances of making a successful claim and receiving the compensation that you are entitled to under the law.

Freequently Asked Questions

Here are some frequently asked questions about claiming compensation for pre-existing injuries.

Can I claim compensation if I have a pre-existing injury?

Yes, you can still claim compensation if you have a pre-existing injury. However, the amount of compensation you receive may be reduced if the pre-existing injury is found to have contributed to the current injury. For example, if you already had a back injury and then suffered a further injury in a car accident, the compensation amount may be reduced to take into account the pre-existing injury.

It is important to disclose any pre-existing injuries to your lawyer or insurance company when making a claim to avoid any potential issues later on.

What if my pre-existing injury was aggravated by the accident?

If your pre-existing injury was aggravated by the accident, you may still be able to claim compensation. In this case, you would need to prove that the accident caused the aggravation of the injury and provide medical evidence to support your claim.

The compensation amount in this case may be higher than if you had just suffered a new injury, as you may be entitled to compensation for the aggravation of the pre-existing injury as well as the new injury.

Will my claim be affected if I did not disclose my pre-existing injury?

If you did not disclose your pre-existing injury when making a claim, it could affect the outcome of your claim. If the insurance company or court finds out that you failed to disclose your pre-existing injury, it could be seen as an attempt to mislead and could result in your claim being rejected.

It is always best to be honest and upfront about any pre-existing injuries, as this will help to avoid any potential issues later on.

What if my pre-existing injury is unrelated to the accident?

If your pre-existing injury is unrelated to the accident, it should not affect your claim. However, you would still need to disclose the pre-existing injury when making a claim, as failure to do so could be seen as an attempt to mislead.

Your lawyer or insurance company will be able to advise you on how best to proceed with your claim if you have a pre-existing injury that is unrelated to the accident.

Can I claim for a pre-existing injury that occurred at work?

If you have a pre-existing injury that occurred at work, you may still be able to claim compensation if the injury is aggravated by a new work-related injury. However, the compensation amount may be reduced to take into account the pre-existing injury.

Your employer may also have a duty of care to take into account any pre-existing injuries when assessing the risk of injury at work and providing appropriate training and equipment to reduce the risk of aggravating the injury.

In conclusion, having a pre existing injury does not automatically disqualify you from being able to make a claim. It is important to disclose any pre existing injuries to your lawyer and insurance company, as they will have an impact on your case.

Your ability to claim compensation will depend on the extent to which your pre existing injury has been aggravated or exacerbated by the incident in question. It is also important to note that the process of making a claim can be complex, so it is advisable to seek the advice of a legal professional who can guide you through the process.

Ultimately, if you have suffered an injury as a result of someone else’s negligence, you may be entitled to compensation regardless of any pre existing injuries. Don’t hesitate to seek legal advice and explore your options for making a claim.

Brenton ArmourUX/UI Designer at - Adobe

Brenton Armour, the visionary founder and lead attorney at InjuryLawsuitHelper, boasts an impressive 15-year track record in personal injury law. His remarkable expertise spans cases from minor injuries to devastating accidents, earning him a sterling reputation as a trusted and passionate advocate for justice. Brenton's unwavering dedication to his clients has cemented his position as a sought-after personal injury attorney.

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