Not every New Orleans personal injury lawsuit involves victims who were in perfect physical condition prior to the accident. Especially in the case of older victims, minor physical problems may become much more serious following an accident.
A pre-existing injury can complicate a personal injury lawsuit. Obviously, the defense will argue that the victim’s current circumstances are no different than before the injury and, as a result, they suffered no damages. While in some cases this can be a difficult hurdle to overcome, individuals who suffer an aggravation or activation of a pre-existing condition are entitled to pursue damages.
A victim is entitled to recover damages when an accident causes a pre-existing condition to flare up or become more serious. When making this determination, a jury will have to determine whether the victim suffered from a pre-existing condition and, if so, whether that condition was worsened by the accident. If they determine that the accident did worsen the victim’s condition, then he or she may be entitled to recover damages.
The injured party, however, is only entitled to recover damages directly caused by the accident. The defendant is not responsible for ailments or injuries that existed before the accident. As a result, an individual with a pre-existing condition may receive less compensation than someone who was fully healthy prior to an accident.
If you have suffered a personal injury and have any questions, we would be happy to help you. Please feel free to call us at 504-581-6411 or 855-GERTLER.