How Do Pre-Existing Conditions Affect My Personal Injury Case?    

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How Do Pre-Existing Conditions Affect My Personal Injury Case?    

Suffering an accident-injury is usually a fiasco all on its own, but it can be especially difficult if you suffer from a pre-existing injury or medical condition.  Insurance companies and defense teams will often use evidence of a pre-existing condition to deny compensation for your pain and damages following an accident-injury.  You might wonder if your pre-existing condition will hurt your case. At Lebovitz Law Group, we can help you get the rightful compensation you are entitled to, even with a pre-existing injury or condition. 

Law Regarding Pre-Existing Conditions in an Accident

Under Arizona law, if a jury finds that an accident-injury victim has a pre-existing condition that was aggravated by the Defendant’s negligence; it must decide the full amount of money that will reasonably and fairly compensate the victim for that aggravation or worsening.  A jury must also decide the full amount of money that will reasonably and fairly compensate the victim for all damages caused by the fault of the Defendant, even if the accident-injury victim was more susceptible to injury (due to a pre-existing condition) than a normally healthy person would have been, and even if a normally healthy person would not have suffered similar injury.  

Insurance companies and defense teams may use your pre-existing condition in an attempt to deny your recovery.  However, if the accident worsens or aggravates a pre-existing condition, you are entitled to compensation, even if the original injury or condition pre-dated the accident-injury. Under Arizona law, the victim’s health before the accident must be taken into consideration when considering the validity of a claim and calculating damages.  For example, if you were actively treating for a condition that predated the accident-injury, but the nature, extent or duration of treatment changed after the accident-injury, then the victim is entitled to compensation for the worsened or aggravated condition. Furthermore, if you suffer from a pre-existing condition that was stable, but now requires corrective surgery or further treatment of the condition, again the victim is entitled to compensation for aggravation or worsening of the condition.  

What to Do If You Are Involved in An Accident with A Pre-Existing Condition

The first thing you should do after any accident is seek medical attention to document any new and/or aggravated injuries or conditions.  Inform your doctor about your pre-existing conditions and any new or worsening symptoms associated with the accident. A follow-up visit to the doctor who initially diagnosed or treated your pre-existing condition is also suggested so that the doctor can evaluate the worsening and document specifically how your condition and symptoms changed following the accident-injury.   

Contact an Attorney at Lebovitz Law Group Today!

If you or a loved one suffered an accident-injury, contact the legal team at Lebovitz Law Group to make sure you get the rightful compensation you deserve.  Whether you were perfectly healthy, had a known pre-existing condition, or an unknown or dormant pre-existing condition, meet with our managing attorney to review the evidence.  Don’t let an insurance company or defense team allow you to believe a pre-existing condition is a bar to your recovery. At Lebovitz Law Group, we will walk you through every step in the process to make sure you get the proper treatment and compensation for your personal injury case.

 

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