Prior Injuries and Conditions

A standard question that is asked by injured potential claimants is “ I had an injury to my (part of body) before I got hurt this time.  Can I still be paid since my condition was only aggravated by this accident?” Answer: Yes. 
  
The law does not allow you to collect for the problems you had before your accident, but it does allow you to recover for the aggravation that you suffered because of the accident.  Isn’t that fair?

This point was recently illustrated by a case tried in Ector County, TX where the jury found in favor of an elderly patient in a nursing home to the tune of $4,500,000.00 dollars for aggravation of a preexisting condition.  The verdict included $1,000,000.- actual damages and $3,500,000.- punitive damages.  They were obviously incensed over the way the nursing home treated this elderly man.

The way plaintiffs lose out in aggravation cases is when they try to hide their prior problems.  That is a big mistake.

We tell our clients that the insurance companies know more about your prior problems (health and otherwise) than you do.  Come out with the truth not only because it is right to do so, but also because you will get caught.

I am reminded of the famous saying of the old sports announcer who is no longer with us, Howard Cosell. He delivered the line, “Tell it like it is.”  No truer words were ever spoken.

So the point is:  If you have an aggravation of a prior condition get legal advice and “Tell it like it is.”