A pre-existing injury is defined as an injury that was incurred prior to an auto-accident or some other incident that causes a subsequent injury. The result of the accident can either cause further damage to the pre-existing injury or create a new injury altogether. So, what does this mean if you are in an automobile accident, get hurt, but have a pre-existing injury?
First, if the accident causes further injury to the pre-existing condition, you can recover damage for any exacerbation (increase in damage/pain) of the pre-existing condition. Alternatively, if the accident causes a new injury that does not involve the pre-existing condition, then the pre-existing condition should not be relevant at all or to the amount of damage you are entitled to. Insurance companies thrive on attempting to limit the monetary damages an injured client can recover by claiming that the pre-existing condition/injuries existed before the accident.
An experienced personal injury attorney can make the difference in defeating the insurance company’s assertions that your injury is worthless because it was already there. Mackey Law Group knows how to get what a client is entitled to.
By: Kyle Stalnaker, Esq.