How does a prior injury affect my case?
We all know the phrase, “adding insult to injury,” but there are instances when a very real, physical injury can be exacerbated by an accident, giving the phrase a literal quality. If you have ever been in an accident, and you have suffered from a previous injury or condition prior to the accident, you know how painful and frustrating it can be to have to deal with the resulting conditions. Sometimes a previous injury will not be made worse, but it will retrigger the condition. If the accident becomes a cause for a claim, the question raised is how does a prior injury affect the case?
If the accident was caused by the negligence of another party, the negligent party is typically only responsible for the actual harm or injury caused. The negligence must be proven by you, and you must demonstrate that the cause was attributable to the negligence in question. With regard to the prior injury, the opposing party is not responsible for that initial harm, and typically, they will not be held liable for that injury. However, if their negligence actually made your injury worse, you can in fact collect damages for the degree to which the condition was exacerbated. This is an important fact to remember, as many people who suffer from new accidents while harboring previous injuries tend to shy away from pursuing a claim, assuming that their prior injury will not give them the fair compensation they deserve for their pain and suffering. While it is true that the negligent actions in question must be the cause of the harm of the claimant, the aggravation of a previously existing injury will allow for collection of a claim. You should not have to pay extra medical bills, or add to prior costs, for a previous injury due to the negligence of someone else.
An example of an aggravated prior injury would be something like the following- you have sustained a back injury from heavy lifting at work, creating a stiff back and soft tissue damage. After six months or so, your back is on the way to being healed. Upon driving back home from work, a car runs a red light, screeches on the brakes, but slams into your side door, sending your car spinning, and your neck snapping back as your body lunges forward against the tight seatbelt. You are okay. But that previous back injury almost instantly flares up, and feels worse than ever. Now, the primary injury is likely whiplash, around your neck, for which the negligent driver would be liable. And though your back injury was not directly caused by the accident, it certainly was a contributing factor to the intense inflammation and reemergence of the tissue damage you are now suffering from anew. It is the aggravation of that injury that you can absolutely get compensation for. If the driver who hit you is found negligent, he or she will not have to compensate you for any medical bills related to your previous injury prior to the accident, but they will have to pay the difference in price for any additional procedure, medication, or examination of any ongoing treatment you are undergoing for the initial injury.
Because the facts of a case involving prior injuries can be tricky to determine, it is best to get a lawyer with lots of experience in the area of personal injury. You need someone who understands the nature of prior injury cases, and who can ensure that you get the best possible outcome and compensation for the pain and suffering you have endured. Don’t let an aggravated prior injury stop you from getting your due simply because it is for an unconnected, previous injury.
