If you have been injured in an accident in New York City and have a pre-existing injury or medical condition, you should know how it can affect your personal injury lawsuit or insurance claim. The insurance lawyers employed by the defendant may argue that your new injury is a result of the old injury or that it is a pre-existing injury not caused by the accident.

In such unique cases, you must seek legal guidance from an experienced and seasoned lawyer who can assist you with your claim. If you want to learn more about the legal system and personal injury lawsuits, visit www.sullivangalleshaw.com/. 

Pre-existing Injuries and Civil Lawsuits

A pre-existing injury doesn’t mean you can’t receive compensation for damages inflicted by an individual in an accident, such as a car crash, slip, fall, or abuse. According to state law, the defendant can be held liable for their negligent actions and wrongdoing if they caused the victim significant injuries and losses.

The defendant can be sued for the full extent of the plaintiff’s damages incurred due to their failure to exercise ordinary care, regardless of any pre-existing medical condition or injuries. Defendants owe a duty of care even if the victim had an old injury. If someone has diabetes, dementia, fractures, open wounds, or any other condition that makes them more prone to severe damage. 

No one can stop you from filing a claim just because you have a prior injury. If the injury worsens or is aggravated as a result of the accident, you can include those damages in your claim and seek compensation. However, the process of recovery and legal claims in such situations is more complicated than it appears.

How a Pre-existing Injury Can Impact Your Lawsuit

In a personal injury claim, it’s evident that insurance companies are rarely on your side. They will scrutinize every detail and try their best to limit your overall financial recovery, thereby reducing your payout amount. In this case, your pre-existing condition or injury can work against you if you are not cautious.

For example, the insurance lawyer for the defendant might argue that your new injuries are simply a continuation of your pre-existing injury that occurred before the accident. It is up to you and your attorney to disprove this theory by providing evidence such as medical reports, medical bills, and details of the treatment (including dates). You can also consult a medical or forensic expert to reconstruct the damages caused by the accident. Medical experts can identify the injuries and determine their likely date of occurrence.

Another potential factor is the need to prove that your old injuries have been exacerbated by the accident and that this particular damage should also be compensated. A lawyer will help you connect all the dots between the accident, pre-existing injuries, and new injuries.

Apportionment of the Damages

Apportionment refers to the jury’s ability to allocate damages between the victim’s pre-existing condition or injuries and the new injuries caused as a result of the accident by the defendant. In such cases, the offender cannot be held accountable for 100 percent of your all-around damages. Instead, they will give you the exact amount of money you need to make up for the losses and any ailments the accident created.

Regarding prior injuries, don’t mislead the insurance providers or your lawyer. Make sure to accurately report the facts and damages without elaborating on your condition. If you lie about the damages relevant to the accident, it can backfire on you and your claim. Insurance lawyers may accuse you of misinterpreting the details of the case.

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