What Happens if I Have a Pre-Existing Injury in a Personal Injury Case?

Personal Injury Lawyer Bloomington IL

What Happens if I Have a Pre-Existing Injury in a Personal Injury CaseAfter someone is injured in an accident caused by another party, it’s common to discover that they had a pre-existing injury or medical condition that worsened as a result. For example, let’s say there is a man who injured his back in a work-related accident. He is receiving medical treatment for the injury and it is healing nicely. One day, he is stopped at a red light in his vehicle when suddenly another vehicle – whose driver was texting and not paying attention – slams into the back of the man’s car. The force of the impact reinjures the man’s back. Would he still be able to file a personal injury claim against the driver who hit him? Under Bloomington IL law, he could.

If you have been injured in an accident – such as a vehicle accident, premises liability, or any other incident caused by another party’s negligence – you may already know it’s possible to file an injury claim. However, if you had a pre-existing condition at the time of the incident, you might be concerned about how much compensation you could get.

Despite having a pre-existing injury, a seasoned personal injury lawyer can assist you in filing a claim or lawsuit, and may help you get the financial compensation you deserve for the losses you have suffered.

The truth is that many people have prior conditions or injuries, and that fact should not – and legally cannot – be held against them should someone else cause an additional injury. Some of the common examples of pre-existing medical concerns that a personal injury lawyer in Bloomington IL may handle include the following:

  • When a person has a previous injury that has healed (or is in the process of healing) and is involved in an accident that re-injures or aggravates the injury. In these personal injury cases, the at-fault party would be responsible for any of the expenses for treatments that would take to get the victim back to the physical condition they were prior to the incident.
  • When a person has a medical condition that increases their vulnerability to injuries, this cannot be held against them. For example, if a person suffers from a bone condition that causes their bones to become brittle, they could be more prone to bone fractures in a vehicle accident compared to a person who is completely healthy. However, this could not be held against the victim in a personal injury case. They would be entitled to all damages for the losses that any fractured bones as a result of the accident caused them.

Every victim who has a pre-existing condition should be mindful that just because the law says that it cannot be held against you, it doesn’t mean the liable party’s insurance company will not try to use it as an excuse to paying a lower settlement. This is why it is critical to have a skilled personal injury lawyer Bloomington IL trusts advocating for you. Contact Pioletti & Pioletti today for more information.

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