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Recovery of Damages for Aggravation of Preexisting Injury or Condition

If you are injured in a car wreck or other accident and it is someone else’s fault, you are entitled to damages for your injuries. This includes damages for the aggravation of a preexisting condition.  Aggravation of a preexisting condition is a compensable element of damages.  It is a well-established legal principle that a defendant takes a plaintiff as he finds him.  The fact that a person is in a weakened condition at the time of the injury is not a causal defense. So, even if you already have an injury or condition, if a newaccident aggravates your condition, or makes it worse, then you are entitled to a recovery for that aggravation.

Proving an aggravation of a preexisting condition is usually difficult, however. That is why you need an experienced personal injury lawyer Memphis, TN  trusts to help advance your case.  If the other side’s insurance company finds out you have a preexisting condition (which they will), the company is likely to deny or lowball your claim, arguing that the new accident didn’t cause your injury or condition. A good personal injury lawyer will know how to navigate these issues.

If you are involved in an accident which aggravates a preexisting injury or condition, be candid about your pre-accident condition. However, it is extremely important that you accurately describe your symptoms before and after the new accident.  This way, your medical records will reflect any aggravation, and most importantly, your medical providers will have accurate information so they can provide the best possible medical care to you.  It may become necessary in your case for your doctor to provide an opinion or testimony explaining how, while you were injured at the time of the new accident, the new accident did aggravate your injury or condition or made it worse, or extended the time of your recovery.  Insurance companies and defense attorneys will also review your medical records as they evaluate your case and potential settlement offers. If there is no mention of your condition being aggravated by the new accident, it will make it more difficult to prove.

If you’ve been involved in an accident which has aggravated a pre-existing condition, contact an experienced personal injury lawyer.

Wiseman Bray Thanks to our friends and contributors at Wiseman Bray PLLC who have significant experience fighting for injury victims in Tennessee.

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Steve Harrelson
Steve Harrelson
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