27 Oct Personal Injury Case With A Pre-Existing Condition: Ultimate Guide

Personal Injury Case with a Pre-Existing Condition

You may have suffered an injury at work, or on the road. These are both very common sources of personal injuries. But what if you were to learn that your pre-existing condition is likely to affect your legal case?

For instance, it’s possible for someone who has a back injury to file a claim after being hurt in an accident. However, if they have pre-existing back pain it can make things a little more complicated. Let’s take a closer look at this unique situation.

Common Pre-Existing Conditions

Several common conditions are likely to have an impact on your ability to receive compensation. These conditions might affect your capacity to file a claim. Most notably, asthma can seriously limit your chances of winning a personal injury case.

Asthma

Asthma is one of the most common conditions that could impact your case. Those who file personal injury lawsuits because they were in car accidents may find that their asthma was worsened by the accident itself. This makes it difficult for them to win their cases in court if they don’t have evidence to prove that the car company or individual responsibility should be held accountable.

Meningitis

Meningitis is another condition that could limit your ability to receive compensation after an accident. If you were exposed to meningitis at work because of poor airflow and ventilation, then this could limit your ability to file a legal case if you’ve developed the condition.

Herpes

If you have herpes, then this could severely limit your ability to receive compensation. This is because it will be difficult for you to prove that the accident was the cause. For example, if you are filing a case because of being in an accident at work, then this may not be able to hold up in court if you have herpes. You may have contracted the disease at work before the accident even occurred.

COPD

COPD is another condition that could prevent you from filing a personal injury case if it was your pre-existing condition that made you more susceptible to injuries in an accident.

AIDS, HIV, Heart Disease, or Cancer

These pre-existing conditions may complicate your personal injury case.

Age

Your age may also affect your ability to file a personal injury case. In most cases, those who are older than 70 years old will be unable to file a personal injury case.

In fact, some states have an upper limit on the age at which you can file an injury case. This is because it’s considered to be too difficult for you to recall the accident and your role in it.

What About Other Injuries?

If you’ve suffered any other type of injury in the accident, then this will affect your ability to file a legal injury case regardless of whether you have a pre-existing condition or not. This is because most states will only allow you to file one claim for your injuries.

Pre-Existing Conditions That Affect My Ability to File a Legal Case

There are two major categories of conditions that can impact your ability to file a lawsuit: (1) injuries that occurred before the accident, and (2) injuries that are likely to worsen because of the accident.

How Could My Pre-Existing Condition Worsen Because of the Accident?

You may have suffered an injury because your employer failed to provide a safe work environment or was negligent in hiring an employee who injured you. This is called a “pre-existing condition.”

For example, if you didn’t know that the place where you worked was contaminated with asbestos, and now you have developed mesothelioma as a result of your work conditions, then your condition may qualify as pre-existing.

If you suffer an injury because someone else was negligent or acted illegally, you may be able to get compensation. However, your pre-existing condition could limit your ability to collect damages.

When Can I File a Personal Injury Case?

You might be wondering when you’re able to file a claim. After all, you wouldn’t want to waste your time if it was already too late. Generally speaking, most states have a statute of limitations that limits the amount of time in which you’re allowed to file a legal case.

Will My Pre-Existing Condition Affect My Case?

This is one of the most important questions that you’ll need to ask yourself. If your condition is serious enough, it can affect your case.

What Need to Know Before Filing a Personal Injury Case

There are several things you should know before filing a personal injury claim with a pre-existing condition.

Filing a Personal Injury Case With a Pre-Existing Condition

If you’ve suffered an injury because of someone else’s negligence, then it may be possible to file a claim because of it. However, you will need to speak with your attorney about what options are available to you and how best to proceed with your personal injury case.

In some cases, those who have a pre-existing condition will not be able to file a personal injury case for their injuries unless they have evidence that the accident worsened that condition.

This is because there is no way for you or your personal injury attorney to prove that someone else’s negligence caused it.

How a Pre-Existing Condition Can Affect the Outcome of Your Claim

If you have a pre-existing condition, it can impact the outcome. This is because, in a personal injury case, you will need to prove that someone else caused your injuries with negligence.

In some states, if the court finds that you were negligent because of your condition, then you will not be able to receive compensation for your injuries.

At What Point Can I File My Personal Injury Case?

You should speak with an attorney about the best way to proceed. This is because if you try to file a legal case too soon after your accident, then you may affect any evidence that’s available.

For this reason, it’s best to speak with your attorney about what you should do before filing a claim.

How Long Can I Wait to File My Personal Injury Case?

This will depend on the type of injury that you’ve suffered. In most cases, you have between one and three years from the date of your accident to file your case. However, it’s best to speak with your attorney about when you should file.

How Much Time Do I Have to File My Personal Injury Case?

This will depend on the type of injury that you suffered. You typically have between one and three years from the date of your accident to file a case. But again, it’s best to speak with your attorney about what the best approach is for your case.

Final Thoughts

If you’ve been injured due to someone else’s negligent actions, then it may be possible to file a personal injury case with the help of an attorney. However, if you have a pre-existing condition or any other type of injury sustained in the accident, it could affect whether and how you can file a claim.

For this reason, it’s best to speak with a personal injury lawyer about your options and how they apply to your case.