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How Will a Pre-Existing Injury Impact Your Personal Injury Claim in New Jersey?

February 19, 2021 | Posted In Personal Injury/Negligence |

Many people have underlying health conditions. From lower back pain to arthritis and from concussions to broken bones that never properly healed, there are many types of health conditions that are manageable on a day-to-day basis but can become far worse in the event of an accident.

If you were involved in an accident and you had a pre-existing injury, this is something you will need to deal with when you file your personal injury claim. While your pre-existing injury does not directly impact your legal rights, you can still expect the insurance companies to try to use it against you. You will need to be able to prove that your condition is worse than it was previously and be able to attribute your medical bills, pain and suffering, and other losses to the effects of the trauma you have endured.

If You Have a Pre-Existing Injury, You Can Still File a Personal Injury Claim

Under New Jersey law, when you suffer losses in an accident that is someone else’s fault, you are entitled to financial compensation. This is a blanket rule that applies regardless of your health condition before the accident.

If you have a pre-existing injury, this means that you are entitled to compensation for the difference between the effects of your injury pre- and post-accident. For example, maybe you suffered from chronic lower back pain before the accident, but you could still go to work. Now, as a result of the accident, you need surgery, and you will be out of work for a long period of time. The simple fact that you were already in pain does not mean that the liable party gets a free pass. You have suffered losses due to the accident, which means that you are entitled to financial recovery.

You Will Need to Prove How the Accident Made Your Condition Worse

To recover financial compensation, you will need to prove that the accident made your pre-existing medical condition worse. Typically, this requires medical records, employment records and other evidence from both before and after the accident. If your medical and employment records show that you were doing better before the accident (i.e., your treatment needs were fairly minimal and you were able to work), then you will be able to build a strong case for financial compensation.

You Can Expect the Insurance Companies to Challenge Your Personal Injury Claim

But, this does not mean that recovering financial compensation will be easy. If you have a pre-existing injury, you can expect the insurance companies to challenge your personal injury claim. As a result, you will need an experienced lawyer to fight for just compensation on your behalf, and it will be important for you to speak with a lawyer about your claim as soon as possible.

Discuss Your Claim with a New Jersey Personal Injury Lawyer for Free

Are you struggling to cope with the effects of a vehicle collision, slip-and-fall, or other accident? If so, we encourage you to contact us promptly for a free consultation. To speak with an experienced New Jersey personal injury lawyer in confidence, please call 877-435-6371 or request an appointment online today.

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Helmer, Conley & Kasselman, P.A.

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