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Aggravation Of A Pre-Existing Injury: What You Need To Know

After an accident resulting from another person’s negligence, victims often have a right to pursue compensation for injuries suffered. Filing a personal injury claim is a pretty straightforward process. However, if your injuries are more than scrapes and bruises, it would be best to consult a lawyer for a case evaluation.

The need for a lawyer is even higher if you had pre-existing injuries at the time of the accident. “A pre-existing condition can significantly complicate your claim,” says John Yannone of Price Benowitz, LLP, while stressing the need to work with an attorney under such circumstances.

Insurance companies go to every length to deny claimants compensation if they had a pre-existing injury. However, having an underlying condition doesn’t mean you do not qualify for compensation. (1)

What Is a Pre-Existing Condition?

A pre-existing condition is a medical injury or illness that started before a person got involved in an accident. That means if you had an ongoing knee problem that the accident exacerbated, such an injury could be considered a pre-existing injury.

However, not all underlying injuries or illnesses will apply when navigating an aggravation of a pre-existing injury claim.

A good example is if you were involved in an accident as a child and suffered a pelvic bone fracture that healed completely and did not leave any signs of an injury. In such a case, it cannot be considered a pre-existing condition if you get involved in an accident that causes a fracture of pelvic bone at a different spot.

Proving Aggravation of an Accident

Medical records are the most critical pieces of evidence your attorney will use to prove the aggravation or exacerbation of a pre-existing condition. Often your lawyer will

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