A prior injury to the same body part that was injured in an accident can complicate a personal injury case, and it helps to have an experienced Buffalo personal injury lawyer if you are in this sitution.
Not everyone can be expected to be in perfect shape prior to an injury accident, and prior injury does not bar making a claim for damages when an accident causes additional injury at the same body part.
An injured person may pursue damages when an accident causes a pre-existing medical condition to flare up or become more serious.
A new injury to a part of the body where a prior injury had occurred also entitles the injured person to pursue damages.
When there is a pre-existing injury, the defense typically will argue that the injured person’s current condition is not much different than it was before the accident and, as a result, the injured person is not entitled to any financial compensation for personal injury.
When considering this issue, a jury will decide whether the injured person had a pre-existing condition and, if so, was it worsened by the accident.
If they determine that the accident did make the condition worse, then the injured person may be able to recover damages.
The injured party, however, may only be compensated for that portion of the injury directly caused by the accident.
As a result, a person with a pre-existing condition may receive less in damages than someone who was fully healthy prior to an accident.
If you need an experienced personal injury lawyer, we would be happy to help you. Call us at 716-631-9999.
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