After a car accident - Bodily injury over an pre-existing injury-how to I get compensated?
4 attorney answers
An exacerbation of a pre-existing injury is still compensable.
Your best bet to obtain the maximum injury settlement amount in this case is to consult immediately with an attorney in your area to obtain a more specific answer and get all of your legal options before deciding what to do and then also complete all medical treatment necessary for any injuries you received. The attorney will also investigate any liability issue and check for all available coverages to ensure you have the maximum amount of coverages available to you. You may have some coverages on your own auto policy as well that can assist you. You can use the "Find a Lawyer" link at the top of this page for the names of attorneys in your area. Most offer a free consultation and work on a contingency fee basis, so you won’t have to pay anything up front.
Please do not message me for further advice or call my former law firm if you have any further questions. If you are in need of an attorney to assist you, please search for another attorney in the jurisdiction involved in your case, as I am now retired, and my former law firm is no longer handling these types of cases. I am active on AVVO and answer questions only as a public service at this point.
IMPORTANT: No attorney-client relationship is formed through interaction with this attorney on this public forum. The contents of any comment or response should be considered general conversational discourse on the topic identified and NOT specific legal advice or analysis that might apply to your situation. If you rely upon any part of the content of this response in making any decision or pursuing any course of action, you do so at your own risk and without recourse against this attorney or law firm.
As mentioned, you need to consult with an attorney and look to retain their services, or at the very least get a consultation.
Your case has a few additional layers that require the service of an attorney.
You may have sufficient medical records establishing a baseline of your knee prior to the accident. Damage to the vehicle, photos of the damage, incident report, etc. can help you establish a new injury or an aggravation of the prior injury.
A big factor will be the medical treatment you would have required without the accident vs after the accident. Your medical records should help in that department so you can establish that current and future medical treatment is for an injury resulting from the accident and not for a pre existing injurg.
In any event, contact an attorney as the devil is always in the details.
While I have made every effort to provide you with the best possible answer, my response to your question is based upon the limited information that you provided. If my response was useful, please consider marking it as helpful or as the best answer. Any response provided by me is for general informational purposes ONLY. My answers and responses to your legal questions are not legal advice and do not create an attorney/client relationship between yourself and Calvin A. Edwards, Jr. or CAEJ Law, P.C. Should you wish to have further discussions with a lawyer on this site, AVVO has tools and resources which allow you to contact a lawyer directly. Please note that I am licensed in the State of Georgia and my responses may be different from the laws or practices in your specific state. Additionally, please note that my office ONLY represents persons who have suffered serious and catastrophic injuries due to someone else’s negligence or intentional act. Almost always, I strongly suggest that you consult with an experienced attorney in your state to discuss the specific facts of your case and to obtain legal advice from that lawyer. Also, your particular matter may have deadlines which requires that immediate action be taken in your case to preserve your right to file a lawsuit or to avoid a case dismissal. My responses should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your state, who is familiar with all of your specific facts and all of the circumstances and with whom you have an attorney-client relationship. Circular 230 Disclaimer - No information in this comment may be used to eliminate or reduce penalties by the IRS or any other governmental agency.
When pre-existing injuries are aggravated, determining what your baseline was prior to the collision often is crucial. In many instances, attempting to show how much your underlying injury was exacerbated requires the help of a treating physician who can provide a report and his or her opinions on such matters. Often, these claims can be some of the most difficult ones to pursue. As such, I would recommend that you seek an experienced personal injury attorney licensed to practice in your state to assist you in pursuing your injury claims. That attorney will likely be able to give you advice more specific to your case than the generic information I have listed above, which may or may not apply in your case. Best of luck.
This answer in no way should be intended to create an attorney-client relationship. As there may be other relevant consideration and facts, I would encourage you to contact a law firm to discuss this matter further. If you are going to do so, I would act in a timely manner as time periods may affect your ability to pursue your case. Please note that I also am only licensed to practice in Ohio and West Virginia. Therefore, if your matter is not relevant to those states, the information provided may or may not apply and I would encourage you to seek counsel from an experience attorney licensed in your state. Best of luck!
Claims involving the exacerbation of a pre-existing condition are something experienced personal injury attorneys deal with frequently. I suggest you use the Avvo "find a lawyer" tool and seek out counsel in your area. Read reviews and pick accordingly.
answers to questions are for general purposes only and do not establish an attorney-client relationship.
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