Tag Archives: pre-existing condition

Aggravated Injuries and Awards for Damages from Car, Motorcycle and Trucking Accidents

What is a pre-existing condition?

Call Charlie Ward at 317-639-9501

A pre-existing condition is a medical condition or disability that was in existence prior to the accident for which you are claiming injuries and other damages. You can be born with a pre-existing condition; you may have acquired a pre-existing condition through illness; you might have been harmed or disabled because of a prior accident or you may suffer from a medical condition due to age and the degenerative processes. These are all examples of pre-existing conditions.

When a person seeks legal remedy for past and future medical expenses, loss of wages and other damages resulting from someone else’s negligence, be it car accident, motorcycle accident, truck accident or 18-wheeler semi-tractor trailer accident—and the negligent party is responsible for re-injuring an existing condition or injury, the case becomes more complex. Many people in a population have experienced some kind of medical condition at least once and sometimes on an ongoing basis. Often a condition may involve chronic pain from a previous back injury.

If an existing condition becomes aggravated because of the negligence of another driver, then the person who has been injured has every right, under the law, to recover for damages for the aggravated injury—even if the person’s pre-existing condition made him/her more vulnerable or susceptible to an aggravation than a person in good health and in the same circumstances.

Defendant may also be held responsible for any complications that may arise as a result of the aggravation including the acquisition of a disease because of lowered vitality; for aggravation of an existing condition caused by the negligent acts of medical care providers; and for injuries received in a subsequent accident which would not have occurred had plaintiff’s physical or mental condition not been injured or impaired.

Experienced personal injury attorneys

An experienced plaintiff’s lawyer will submit evidence to the court showing that a pre-existing condition was aggravated as a proximate result of defendant’s negligence. The law firm of Ward & Ward has over 80 years of combined experience in personal injury claims. If you’ve been injured in an accident and you’ve received an aggravated injury, call an experienced personal injury attorney. Call Charlie Ward at 317-639-9501 today for a free analysis of your claim.

Charlie Ward

(317) 639-9501

www.wardlawfirm.com

Ward & Ward Law Firm
728 S Meridian St
Indianapolis, IN 46225

Recovering for an Aggravated Personal Injury Due to Another’s Negligence

Financial Recovery for an Aggravated Personal Injury

Call Charlie Ward at 317-639-9501

Individuals, who wish to recover for damages received from an auto accident, motorcycle accident, or trucking accident that aggravated a pre-existing condition or disability, are entitled to recover for only additional damages—not the original injury—providing evidence shows that aggravation actually occurred and that it occurred as a direct and proximate result of defendant’s negligence. Many people involved in accidents have pre-existing conditions, often conditions related to the back and/or spine, and these pre-existing conditions can complicate plaintiff’s claim for damages.

A pre-existing condition is any condition or disability in or to your body that existed prior to the accident for which you wish to claim damages. You may have been born with a condition; you may have developed a condition by illness; you may have received an injury or disability in another accident or you may have a medical condition simply as a result of the aging and degenerative processes.

An aggravation to the existing condition or disability may or may not occur as a result of an accident. But if the aggravation of an existing injury does occur as a direct and proximate result of another driver’s negligence, the injured party has a right to recover for damages under the law for the aggravated injury—even if the person’s pre-existing condition made him/her more vulnerable or susceptible to an aggravation than a person in good health and under the similar circumstances.

Defendant may also be held responsible for any complications that may arise as a result of the aggravation including a disease contracted because of lower vitality; for aggravation of an existing condition caused by negligent medical providers; and for injuries received in a subsequent accident which would not have occurred had plaintiff’s physical or mental condition not been injured or impaired.

An experienced plaintiff’s lawyer will submit evidence to the court showing that a pre-existing condition was in fact aggravated by defendant’s negligence. In most cases a physician will be called to attest to that fact. The law firm of Ward & Ward has over 80 years of combined experience in personal injury claims. If you’ve been injured in an accident and you’ve received an aggravated injury, call an experienced personal injury attorney. Call Charlie Ward at 317-639-9501 today for a free analysis of your claim.

By Charlie Ward

Ward & Ward Law Firm
728 S Meridian St
Indianapolis, IN 46225
317-639-9501