Preexisting Injuries In A Car Accident Claim

It is not uncommon for individuals to have preexisting injuries prior to a car accident, only to have them aggravated or worsened following their collision. While many people believe that they are not entitled to receive compensation for these injuries, this is in fact false.

For example, say you sustained a serious injury to your spine during your childhood in a bicycle accident, resulting in a bulging disc in your neck. After extensive x-rays, exams, surgeries, and physical therapy, you are finally able to recover from your injury and are free of symptoms. 10 years later, you are blindsided by a drunk driver, aggravating your disc injury and bringing back your symptoms worse than ever before. As a result, you are forced to re-enter physical therapy and receive several steroid injections in your neck to cope with the pain. These expenses, as well as your lost wages, pain and suffering, should be covered by your own personal injury protection (PIP) coverage or the at-fault driver’s coverage.


The previous example is just one of the many ways that a person can be in less-than-optimal health prior to a car accident. Whether it be due to an old injury or simply the natural deterioration of a person’s body as they age, most people suffer from some sort of preexisting physical ailment prior to being involved in a car accident. The law understands this and clearly states that if a car crash worsens or otherwise contributes to your injuries, you are entitled to compensation for the resulting damages.

Actually proving your injuries were worsened by your collision, however, is a different matter. For this reason, it is important to consult with both your doctor and a knowledgeable car accident attorney about your injuries and your level of symptoms before and after your crash. If you suffered from any sort of adverse physical condition prior to your car accident, contact Rochester personal injury attorney Robert King today. Having been guarding the rights of injured clients for nearly 10 years and been named a Top 100 Lawyer by The National Trial Lawyers, he can provide the knowledgeable legal guidance you need to maximize your potential financial recovery.

Call (585) 270-8882 or contact his office online today to get started.


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