Can I Sue for Aggravation of a Pre-Existing Condition?

If someone else has injured you, they could owe you compensation for what you’ve suffered. However, getting fair compensation can become quite challenging if the injury involved the aggravation of a pre-existing medical condition – that is, if your injury worsened an underlying health issue that you had before the accident.

The at-fault party’s insurance company or defense team might argue that you would not have suffered a new injury had you not had this underlying condition and that they shouldn’t have to pay for the consequences. You need our experienced personal injury attorneys to counter their arguments and fight for the maximum compensation you rightfully deserve.

Can I Seek Compensation When an Accident Worsened a Pre-Existing Condition?

The short answer is yes. In Tennessee, you may be eligible for financial compensation if a new injury worsens a pre-existing condition. While you won’t receive compensation for the pre-existing condition itself, you can recover money for the new injury and its effects.

Whether you have degenerative disc disease, a previous concussion, or an old sports injury, for example, it’s crucial to inform your lawyer about your complete medical history. Few individuals have flawless health. Concealing pre-existing conditions can undermine the credibility of your personal injury claim.

How Aggravation Can Occur in Various Scenarios

Whether you’re 25 or 75, a severe accident can aggravate existing health problems. For instance, let’s say Bob broke his wrist while playing football in high school, and his wrist will always be more susceptible to re-injury. If Joe hits Bob’s car and Bob’s wrist breaks again because of the crash, Joe should have to pay for the cost of Bob’s injury – even if Bob’s wrist would not have broken again had it been perfectly healthy before the crash. The settlement for the car accident should reflect that the crash aggravated Bob’s pre-existing injury.

Similarly, suppose Linda has degenerative disc disease and injures her back while lifting heavy objects at work. Linda should be eligible for benefits through her employer in the form of a workers’ compensation claim for aggravation of her pre-existing condition.

Importance of Medical Evidence in Proving Aggravation of Pre-Existing Medical Conditions

The key to a successful claim is establishing a clear connection between the accident and the aggravation of the pre-existing injury or other pre-existing condition. Medical evidence is crucial in proving this connection.

Medical records from before the accident prove the existence of a prior injury or other pre-existing conditions and establish a baseline for comparison after the accident. Post-accident medical records like diagnostic tests, imaging studies, and medical evaluations can show the aftermath of the new injury.

Expert testimony from medical professionals is often crucial to explaining the link between the accident and the worsening of pre-existing injuries and other conditions, strengthening the case for compensation. Without medical testimony, the at-fault party, their defense team, and their insurer might try to muddy the waters in an attempt to avoid paying fair compensation.

Talk to Our Tennessee Personal Injury Lawyers Now

Have you suffered an injury that made a pre-existing condition worse? Are you worried about how your pre-existing conditions might affect your claim for compensation for additional harm caused by someone else’s negligence? Then contact a personal injury attorney from The Terry Law Firm today for a free consultation. We want to stand up for your rights and pursue the maximum compensation you deserve for your personal injuries.