Maybe you have been suffering from the discomfort from severe arthritis, an old back injury or any number of other possible conditions. Your doctor may have told you that down the road surgery would be needed but right now there is no need to rush into it. Now you find yourself hurt in an auto accident.
While you recover from your recent injuries you find the pain from your previous condition is now unbearable and you have no choice but to schedule yourself for a surgery you thought you didn’t need for a while. Often the question arises, can you claim these new symptoms from an old injury or condition that were brought on by an accident?
It is the job of your lawyer to argue the auto accident worsened your condition to the point that surgery or some other form of treatment is needed much sooner than it would have because of the accident.
There are three key points you should understand about this argument:
- You won’t get compensation on your pre-existing physical condition alone. You will need to show how you managed your condition before and how your life and family were a part of that in order to establish a benchmark for your previous standard of living.
- You will need to show how the accident caused your pre-existing condition to worsen. Did you experience an increase in pain or discomfort after the accident? Does the aggravated pre-existing condition create new restrictions in your life?
- Your surgeon will also need to collaborate that surgery or treatment of your pre-existing condition cannot be delayed and provide in writing documentation stating that the accident is the cause for the needed treatment.
This type of argument is a complex one and an experienced lawyer like those at McMahon, Kublick, PC will help you piece it all together and help you get the compensation you deserve.