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Determining The Value Of An Injury Where There Was A Pre-Existing ConditionAugust 2, 2013
When a Buffalo resident suffers personal injury to a body part that had suffered a prior injury, obtaining fair compensation can be very difficult and requires an experienced personal injury lawyer. A prior medical condition or injury to the body part – especially one that required ongoing treatment – frequently leads to a defense argument that it was completely caused by the prior condition and unrelated to the personal injury accident.
While prior injuries do make a personal injury case more complicated, an injured person is still entitled to recover damages to the extent that the accident exacerbated a pre-existing medical condition or caused a new injury to the same part of the body. Placing a value on such injuries, however, can be very difficult. In cases where there was ongoing prior treatment, it can even be difficult to determine how the cost of medical treatment should be split between the prior and current injuries, much less how other damages such as lost wages and pain and suffering should be split.
While there is really no way to precisely calculate a percentage change in someone medical condition that can be directly translated into a dollar amount, medical evidence documenting the actual change in the injured person’s condition often is instrumental to obtaining full and fair compensation. As a result, it may be helpful if the injured person continues to see the same medical provider following an accident, because this provider can clearly state the changes in that person’s condition based on direct observation.
If you have suffered a personal injury and are having difficulty obtaining fair compensation, please call us. We can be reached at 716-400-0000.