One of the more difficult areas in Buffalo personal injury lawsuits is obtaining just compensation for injuries to the same part of the body where the victim had previously received medical treatment. A prior injury or medical condition in the same area – especially one that required ongoing treatment – will frequently result in the defense arguing that the injured party’s condition is fully the result of the prior condition and unrelated to the personal injury accident.
While prior injuries do make a lawsuit more complex, you are still entitled to recover damages to the extent that the accident exacerbated a pre-existing medical condition or caused a new injury to the same part of the body. Doing so, however, may require a judge or jury to determine the degree to which your medical expenses, lost wages and pain and suffering are related to the personal injury accident and not the prior condition.
Under such circumstances, medical evidence of an actual change in your condition is instrumental to obtaining full and fair compensation. This may require testimony from your treatment providers who can describe your condition before and after the accident.
If you have suffered a personal injury and are having difficulty obtaining fair compensation, please call us. We can be reached at 716-542-5444.
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