Personal Injury Blog: Pre-Existing Condition…Can I Recover?

After a car accident or other type of accident the tortfeasor/at fault party and their insurance company or legal team will often try and make the case that your injuries were “pre-existing” and not related to the accident. The question is…did the accident make it worse, and often the answer to that question is yes. If that is the case it is possible, under Tennessee law, that you could be able to recover damages for the aggravation to the pre-existing condition and the effects of this “new” injury to your existing one.

To this end it is of the utmost importance that you disclose any prior injuries to your personal injury lawyer, and in the same token to disclose how those prior existing injuries may or may not have been effected by the accident. An individual could have long term back problem/injury that is under control, but due to car accident flares back up and becomes aggravated to the point of needing additional medical treatment. In this type of scenario it is quite possible that an injured party could and should be able to recover damages for aggravation to a pre-existing injury.

One of the keys to success in litigating a personal injury case is medical evidence, and this is especially so when dealing with aggravation of pre-existing condition in a personal injury matter. Meticulous collection of medical records and billing records, and having a competent medical professional testify on your behalf is crucial to building a strong case.

If you have been injured in a car accident or other type of accident and require the services of a personal injury attorney we would be happy to schedule a time to sit down and learn about your situation. Whether you have a pre- existing injury that has been aggravated or new injuries we are ready and willing to fight for you.

This blog is published for informational purposes only and should not be considered legal advice.