Pre-existing Conditions and Personal Injury Cases

by Ricardo Barrera

If you have a pre-existing condition and have been the victim of a personal injury, don’t assume that you will be unable to claim fair compensation for damages.

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Determining the nature and extent of an injury is crucial before contacting an attorney.

According to Injury, “the law generally requires ‘reasonable proof’ as to losses sustained.” What this means is that if an injury has made your health worse or a condition you have more difficult to treat, “the courts will allow proof and verdicts for those damages.”

The law states that a defendant must “take the victim as is.”  In other words, even if the perpetrator of an injury had no knowledge of your pre-existing condition, that person is still financially responsible for any harm done to you.

Determining the exact nature of the injury is also a legal imperative. To establish whether an injury either caused or aggravated your condition, you will need to answer questions regarding whether you experienced any symptoms, sought any treatment or had any limitations before the injuring event.

If you developed a condition that you didn’t have before, then the defendant “must pay for the costs of you having [that] condition now.”  And if a condition you had worsened as a result of the injury, then the defendant  “must pay for the increased expenses” now associated with the maintenance of your health.

A pre-existing health condition could make your case more complicated, but that shouldn’t stop you from asserting your rights as an injured party. Contacting a competent attorney to determine the nature and extent of the harm done to you is the best first step you can take to guarantee a successful outcome to your claim.



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