The short answer is maybe. There are quite a few factors to consider and a qualified attorney can make a good evaluation pretty easily. You really should contact someone in your area for help. I have handled many of these cases and each one if a bit different. You will need to have a thorough evaluation of the past/present and future treatments done to be sure.
You may have a claim. There are several factors to consider, one important one will be whether your prior injury was stable or asymptomatic at the time of the slip and fall. Different states have different requirements for succeeding on slip and fall claims; although, they generally are challenging cases. Since each one is so factually specific, I would strongly encourage you to seek a consultation with a personal injury attorney (most will give you a free initial consultation). It is important that you seek treatment for the injury, as well.
If the question is can an aggravation of a pre-existing injury be compensated, the answer is yes. The question of whether you can go forward on a premises case is not capable of an answer on this forum. You would have to consult with an injury attorney who practices in this field. There are many variables that have to be assessed in these difficult cases.
In Georgia, slip and fall injuries are some of the most difficult and fact specific cases to litigate. Assuming we could demonstrate liability on the part of the store, they would be responsible for re-injuring any existing injuries you previously had. The issue relates to the "eggshell plaintiff" The "eggshell" part comes in to demonstrate an example - if you had an eggshell for a skull, and someone negligently tapped you on the head in a way that would not harm an ordinary person, but caused your skull to crack - then they are responsible for the cracked skull.
In the same way if you had injuries that they re-aggravate (even if an ordinary person would not be hurt), they are responsible for that. We would have to delineate the difference between your condition then and now. Many doctors treat on a lien basis, meaning they will treat you now and not charge you, but instead recover their fees from any eventual recovery you get.
My last piece of advice is talk to an attorney because almost zero slip and fall victims get anywhere near fair compensation without hiring an attorney because of how fact specific the recovery is. Do not give any statements to the store insurance adjuster - they are only their to destroy your claim, not help you. Good luck
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The short answer is, it depends. If you have an old injury (referred to in the legal world as a pre-existing condition) and as a result of someone else's negligence, the old injury is aggravated (made worse) or a new injury is caused, even if you were particularly susceptible to it, you may be entitled to compensation. In personal injury cases, the plaintiff can recover for (1) medical bills, (2) lost wages from missed work, (3) pain and suffering, (4) any permanent injury or disfigurement, and (5) inconvenience and loss of enjoyment of life. The store will not have compensate you for the original injury, but you are not barred from recovering simply because you have previously been hurt. Wrongdoers are not entitled to perfectly healthy victims.
You do not mention what kind of injury you suffered, but whenever you are in an accident, the first and most important consideration is getting whatever medical attention you need. If you have a doctor or other health provider that you see regularly, you should definitely make an appointment as soon as possible. If you do not have health insurance or the means to pay for medical care, a personal injury attorney may be able to help you see a local doctor. For example, I have relationships with several local doctors and other treatment providers, and I have been able to arrange for my clients to obtain medical treatment at no cost to them, with the understanding that the client will reimburse the treatment providers once the case settles or we win at trial. Make sure to follow up with your health care provider as necessary, for two reasons. First, and most importantly, follow up visits will ensure that you heal properly. Second, people (claims adjusters, attorneys, and even jurors) are often suspicious of those who claim to be injured but fail to follow their doctor’s treatment plan.
A personal injury attorney who has experience handling pre-existing injury cases can talk to you about the specifics of your case. An initial consultation is free, and an attorney will be able to tell you what steps to take next. In the meantime, do not speak to anyone in person or over the phone about the accident without an attorney present. Insurance adjusters and store employees are trained to minimize the damages an injured party can recover and may try to get you to admit fault in the accident. However, you should be honest with your lawyer and doctor about your preexisting condition. The truth always comes out eventually and you do not want to look like you are trying to hide anything. I wish you the best of luck, and feel free to contact me if you have any more questions.
If the floor was wet because the store created it or it existed for sufficient amount of time that it should have been found, you have a claim of probable liability.
If you had injuries that were exacerbated by the incident, you are entitled to compensation for those injuries.
You should consult local counsel
The information provided is for general informational purposes only and is not intended to be legal advice. I am only licensed in the State of California and I am not providing you with specific legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information provided may not apply to any specific factual and/or legal set of circumstances and/or the jurisdiction where you reside. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. Your question, although you may believe is simple, it is not simple. You require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.
The fact that you had an already weakened body part or pre-existing condition that was reinjured or aggravated by someone else's negligence does not affect your right to claim damages for the injury. Ga. has what is known as the "thin skulled plaintiff" doctrine, which means you take a person as you find them, and if you injure them you cannot counter by saying they had a thinner skull than most people or thaty they had a pre-existing condition or injury which resulted in the person sustaining a greater injury than a normal person would have sustained.
Disclaimer: This response is provided to you by attorney Robert G. Rothstein (404) 216-1422 for educational and informational purposes only.No attorney-client relationship has been created hereby. Other attorneys may have different opinions or responses. If you found this response helpful, please indicate Best Answer to Avvo. Thank you.
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