Pre-existing Condition
Generally, if an individual has a preexisting condition, he or she may not recover damages for injuries related to that condition. However, the preexisting condition does not bar an injured person from recovering damages that were caused by the accident and not the preexisting condition. For example, if a person has a permanent back injury and is hit by a car while crossing the street, that person may recover damages from injuries sustained from being hit by the car, but not for the previous permanent back injury. Likewise, if a person already has a condition that is worsened by an accident, he or she may be able to recover damages for the injuries sustained by the worsened condition and medical treatment for the worsened condition, but not the original condition that they already had. In some jurisdictions, there may also be a separate claim for aggravating a preexisting disease, illness or condition. It is important to speak to an attorney to find out how preexisting conditions are treated by the court in your area.
Recent Comments