Can You Sue For A Pre Existing Injury?

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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:

Suffering an injury is never easy, especially when it’s a pre-existing one. You may be wondering if you can sue for a pre-existing injury. The answer is not always straightforward, and it depends on various factors. In this article, we will explore the legal implications of suing for a pre-existing injury and what you need to know before pursuing legal action.

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Pre-existing injuries can complicate legal cases, and it’s essential to understand your legal rights to determine whether you can sue or not. The legal system has a set of rules and procedures to determine whether you have a valid claim. Understanding these rules is vital to determine your chances of success in a lawsuit.

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If you’re considering suing for a pre-existing injury, it’s important to understand the types of damages you can recover. The damages you can recover depend on the severity of the injury, the impact it has on your life, and the negligence of the person responsible for the injury. It’s essential to have a clear understanding of your legal rights and the damages you can recover before pursuing legal action.

Can You Sue for a Pre Existing Injury? Yes, you can sue for a pre-existing injury if it was aggravated or made worse by someone else’s negligence or intentional actions. However, the compensation you may receive will depend on how much the pre-existing condition was worsened by the incident in question. It’s important to speak to a personal injury lawyer for advice on whether you have a strong case.

Can You Sue for a Pre Existing Injury?

Can You Sue for a Pre Existing Injury?

If you have been involved in an accident, you may be wondering if you can sue for a pre-existing injury. This is a valid question that many people have, as pre-existing injuries can complicate personal injury claims. The answer to this question is not always straightforward, as it depends on a variety of factors. In this article, we will explore the topic of suing for a pre-existing injury and provide you with the information you need to make an informed decision.

What is a Pre-Existing Injury?

A pre-existing injury is any injury or medical condition that existed prior to an accident. This could include a previous injury, illness, or chronic condition that was present before the accident occurred. Pre-existing injuries can range from minor issues, such as a sprained ankle, to more serious conditions, such as a herniated disc or traumatic brain injury.

It is important to note that having a pre-existing injury does not automatically disqualify you from seeking compensation for damages related to an accident. However, it may impact the amount of compensation you are able to recover.

Can You Still File a Personal Injury Claim?

Yes, you can still file a personal injury claim if you have a pre-existing injury. However, it is important to disclose this information to your attorney so that they can properly evaluate your case. Your attorney will need to determine if the accident aggravated your pre-existing injury or if it caused additional injuries.

If the accident worsened a pre-existing injury, you may be entitled to compensation for the additional damages. For example, if you had a pre-existing back injury and were involved in a car accident that exacerbated the injury, you may be able to recover damages for the increased pain and suffering, medical bills, and lost wages.

What Factors Affect a Pre-Existing Injury Claim?

The following factors may impact a pre-existing injury claim:


  • The severity of the pre-existing injury and how it was treated

  • The extent of your injuries from the accident

  • The medical treatment you received after the accident

  • The opinions of medical experts

  • The strength of your attorney’s argument

It is important to work with an experienced personal injury attorney who can help you navigate these factors and build a strong case.

What are the Benefits of Filing a Personal Injury Claim?

Filing a personal injury claim can provide you with the following benefits:


  • Compensation for medical bills and lost wages

  • Compensation for pain and suffering

  • Peace of mind and closure

  • Increased awareness of safety issues

While a personal injury claim may not be able to fully compensate you for the damages you have suffered, it can help you move forward after an accident.

Pre-Existing Injury vs. New Injury

It is important to understand the difference between a pre-existing injury and a new injury. A pre-existing injury is an injury or medical condition that existed prior to an accident, while a new injury is an injury that is caused by the accident itself. If you have a pre-existing injury, you may still be able to recover damages for a new injury that was caused by the accident.

For example, if you had a pre-existing knee injury and were involved in a car accident that caused a new back injury, you may be able to recover damages for the back injury even if the knee injury was not impacted by the accident.

How Can an Attorney Help?

An experienced personal injury attorney can help you navigate the complexities of a pre-existing injury claim. They can gather evidence, work with medical experts, and negotiate with insurance companies to help you recover the compensation you deserve.

If you have a pre-existing injury and have been involved in an accident, it is important to speak with an attorney as soon as possible. They can help you understand your legal options and guide you through the process.

Conclusion

Having a pre-existing injury does not automatically disqualify you from seeking compensation for damages related to an accident. However, it may impact the amount of compensation you are able to recover. If you have a pre-existing injury and have been involved in an accident, it is important to work with an experienced personal injury attorney who can help you navigate the complexities of your case and build a strong legal claim.

Frequently Asked Questions

Can you sue for a pre-existing injury?

Yes, you can sue for a pre-existing injury in certain circumstances. However, the process can be more complicated than suing for a new injury. You must prove that the injury was made worse by the negligence of the defendant. This is known as the “eggshell plaintiff” rule, which holds that a defendant must take the plaintiff as they find them, even if the plaintiff is more susceptible to injury due to a pre-existing condition.

It’s important to note that you cannot sue for the pre-existing injury itself. Instead, you can only sue for the additional harm caused by the defendant’s negligence. For example, if you had a pre-existing back injury and were involved in a car accident, you could only sue for any additional damage to your back caused by the accident.

What evidence do you need to sue for a pre-existing injury?

To sue for a pre-existing injury, you will need to provide evidence that the defendant’s negligence caused the injury to worsen. This may include medical records, expert testimony, and witness statements. You will also need to prove that the defendant had a duty of care to you, that they breached that duty, and that their breach caused your injury.

It’s important to gather as much evidence as possible to support your case. This may include photographs of the accident scene, police reports, and any other documentation that can help to establish the defendant’s negligence.

Can you receive compensation for a pre-existing injury?

Yes, you can receive compensation for a pre-existing injury if it was made worse by the defendant’s negligence. The amount of compensation you receive will depend on the extent of your injuries, any medical treatment you require, and other factors such as lost wages and pain and suffering.

It’s important to note that the defendant may argue that your pre-existing injury was not caused by their negligence, or that it was not worsened by their actions. In these cases, it may be more difficult to receive compensation, and you may need to rely on expert testimony and other evidence to support your case.

What are the time limits for suing for a pre-existing injury?

The time limits for suing for a pre-existing injury will depend on the jurisdiction where the injury occurred. In most cases, you will have a limited amount of time to file a lawsuit after the injury occurred. This is known as the statute of limitations.

It’s important to consult with an attorney as soon as possible if you are considering suing for a pre-existing injury. An attorney can help you understand the time limits in your jurisdiction and can assist you in gathering evidence and building your case.

Should you sue for a pre-existing injury?

Whether or not you should sue for a pre-existing injury will depend on the specific circumstances of your case. If the injury was made worse by the defendant’s negligence and you have evidence to support your case, then it may be worth pursuing legal action.

However, it’s important to weigh the potential costs and benefits of suing. Legal action can be expensive and time-consuming, and there is no guarantee of a favorable outcome. You may also need to consider the emotional toll of pursuing legal action.

Before deciding whether to sue for a pre-existing injury, it’s important to consult with an experienced attorney who can help you understand your legal options and the potential outcomes of your case.

Can A Pre-Existing-Condition Or Injury Affect Your Personal Injury Case?

In conclusion, suing for a pre-existing injury can be a complex and challenging process. However, it is not impossible. The key factor in determining the success of the case is proving that the injury was aggravated or made worse due to the negligence of the defendant.

It is important to consult with an experienced personal injury lawyer to determine the strength of your case and whether or not it is worth pursuing legal action. Your lawyer can help you gather evidence, navigate the legal system, and fight for the compensation you deserve.

Remember, if you have suffered harm due to someone else’s negligence, you have the right to seek justice and hold them accountable for their actions. Don’t hesitate to take action and protect your rights, even if you have a pre-existing injury.

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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