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How Pre-Existing Injuries May Affect Your Personal Injury Case

Posted by Jeremy Rosenthal | Nov 25, 2019 | 0 Comments

If you have suffered injuries in a Colorado car accident, you are likely seeking treatment, handling issues with your finances, and dealing with lost time off from work. The complications of injuries from the accident can be even more complicated when they aggravate a pre-existing condition. Defense lawyers will try to argue that your pre-existing condition should lessen or even negate the damages owed in your current case, but with the right legal arguments, you can prove that your current injuries deserve financial compensation.

The attorneys at are highly experienced in handling cases related to pre-existing conditions. You deserve to be compensated for the harm you suffered at the hands of a negligent driver.

Pre-Existing Conditions

A pre-existing condition is a type of injury or medical condition that existed before the accident took place. This is not uncommon at all. However, many pre-existing conditions are made worse by the accident. A pre-existing condition that had been treated and healed could come back because of a collision. In either of these cases, you are entitled to seek financial compensation for the injuries caused by the negligent driver.

Common Types of Pre-Existing Conditions

Certain types of pre-existing conditions are very common, and just because you may have one does not mean that you will be unable to be compensated. These conditions include, but are not limited to:

  • nerve damage
  • prior surgical procedures
  • back injuries
  • foot pain
  • broken bones or fractures
  • TMJ disorder (temporomandibular joint)
  • arthritis
  • neck injuries
  • concussions

If a pre-existing condition exists, it is important to be honest about it. It will show up in your medical records and the other side will find it. Hiding it only makes a victim look bad, so honesty is always the best policy in these situations.

Apportionment in Colorado Personal Injury Cases

Apportionment is a legal principle that allows a jury to designate a certain portion of the damages to the pre-existing condition and another portion as damages caused by the defendant (the negligent driver). When the jury chooses to apportion damages in this way, the defendant is only responsible for the portion that the jury believes he or she caused. If there is no evidence that apportionment would be appropriate, then the defendant will be responsible for all of the damages.

Developing a plan and strategy on how to present and prove that a pre-existing condition was aggravated by an accident is key to winning your case. It takes a lot of proof, expert medical testimony, and a highly experienced lawyer to prove to a jury that you are entitled to full compensation for your current injuries or for the aggravation of old injuries.

Consult an Experienced Denver Auto Accident Attorney

With a highly experienced Denver personal injury attorney at your side, you can present proof that your pre-existing condition should not affect your award.

If you or a loved one has been injured in any sort of motor vehicle accident in the greater Denver metropolitan area, please do not hesitate to contact us today at 303-642-8888 for a free consultation. We are here waiting for you.

About the Author

Jeremy Rosenthal

Attorney Jeremy Rosenthal is dedicated to helping his clients seek just compensation for their injuries regardless of the lengths he has to go to or the distances he may have to travel in order to get it.


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