You’ve been injured in a car accident. You think you may have hurt your neck, your back or another part of your body, and you want to know if you can make a claim for those injuries in this accident, even if you’ve hurt those same body parts before. The short answer is yes, you can make a claim for those areas even if you’ve had an injury before.
The trick is how much of that claim is attributed to the current accident versus how much was there already. This is what is sometimes referred to as a pre-existing condition in the law. Typically, the law requires the person who caused your harms due to carelessness to be responsible for all of the harms and losses that have been caused, with the exception that they’re not responsible for the harms and losses that were already there before the careless act.
If you have additional questions about an injury claim following an accident, contact the Law Offices of Frank M. Nunes at 559-436-0950.