Pre-Existing Conditions Affecting an Injury Claim

Are you concerned about pre-existing conditions affecting an injury claim? Contact our office today to set up a free consultation and case review.

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Will pre-existing conditions affect my personal injury claim?


Recently I was asked by a client if their preexisting condition was going to negatively impact their personal injury case. The answer to that is complicated. Everything is done on a case-by-case basis. However, legally, the other party is responsible for any change in your condition.Pre-Existing Conditions Affecting an Injury ClaimFor example, if your condition had stabilized and then you were in a car accident afterwards and was no longer stable, then they are responsible for that change.If your pain in your back from a previous back injury was generally between a four and a six, and then you were in a car wreck and now it’s between a six and an eight, they’re responsible for that change. They’re not responsible for all your pain, but they are responsible for the change in your pain and you should be fairly compensated for it.

Were you or a loved one seriously injured in an accident and have questions about pre-existing conditions affecting an injury claim?
Contact our experienced Austin personal injury attorney at The Law Office of Daniel R. Smith today for a free consultation and case evaluation.
Let our experience work for you.

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Out of Town Legal Resources

I talked to a couple last week who had questions about a personal injury case in New York. We practice in Texas, but we found these personal injury attorneys in New York that provide a lot of really helpful online educational guides and videos. If you have questions or concerns about personal injury claims in New York, take a look at this law firm in Batavia, NY.