Whether due to a chronic condition, an active injury that is in the process of treatment or healing, or some other factor, it is not uncommon for someone to be in less than optimal health before an accident even takes place. If you are wondering what happens when an accident aggravates a pre-existing injury or condition, please read on, then contact an experienced Fairfield County, Connecticut personal injury lawyer to learn more about what happens if a preexisting condition is made worse by an accident in CT.
How does an aggravation of a pre-existing injury or condition affect your personal injury case in CT?
Even in the simplest circumstances, it can greatly complicate your pursuit of compensation. It should go without saying that in Connecticut, defendants are not liable for injuries or conditions that existed prior to their negligence .. However, if a new injury makes your preexisting condition worse, then the negligent party can be held financially liable. Given the complexity of the human body and the inherent difficulty in assessing fault, a preexisting condition can complicate the determination of damages.
How do you work around pre-existing conditions in personal injury cases in CT?
You will most likely have to show that your preexisting injury was of a certain type and severity before the accident and that now it is different in terms of nature or intensity. For example, your symptoms were easily managed with over-the-counter pain relievers, but following the accident, you require prescription painkillers and weekly visits to applicable medical professionals just to be able to get out of bed in the morning. If your claim involves a preexisting condition, establishing your baseline is paramount.
Are pre-existing injuries and conditions always a negative?
By no means. In fact, they can work to your benefit, especially if they have been well-documented and the subject of ongoing treatment. For example, if a defendant wants to blame your injuries on the natural degeneration of age, you could provide MRI images that show the status of those injuries or conditions just a few weeks before the accident, proving the more extreme injuries or conditions have been brought on since.
Also, the defendant must fully compensate a plaintiff for all injuries, even if a pre-existing condition makes the plaintiff more susceptible to an injury or makes any injury much worse, and even if the defendant could not have reasonably foreseen the severity or extent of the resulting injuries. For more information, please reach out to our firm to discuss how your preexisting conditions factor into your personal injury claim.
Contact our experienced Connecticut Firm
If you or a loved one have sustained a traumatic brain injury due to another person’s negligence, Casper & de Toledo is here to help you. While our firm has dedicated decades of experience to fighting for brain injury victims, we also handle auto accidents, medical malpractice, workers’ compensation and wrongful death. Trust Casper & de Toledo to handle your case with the utmost competence and discretion. Contact us today to schedule your free initial consultation with our seasoned traumatic brain injury lawyers.