Whether it is a vehicle accident, slip and fall incident, or any other incidents that occur out of negligence, most personal injury lawsuits’ primary claim is about injuries that the victim suffered from due to the incident. In most cases, the injuries are rightly claimed but distinguishing them from a previously existing medical condition, or injuries becomes very hard for the case, and the victim’s injury lawyer often struggles with proving this distinction. 

Plaintiff’s age and medical history play a huge role in various incidents and injuries. Hence in many cases, it is quite common for the individual to have suffered from similar medical conditions before. A similar or identical medical condition can be from a previous incident, such as a road accident, or natural aging, such as a fractured knee cap. 

In such cases, the insurance companies or the defenders usually argue that the existing medical condition of the plaintiff is not because of the incident and that they are in the same medical condition as they had experienced before; hence the incident did not cause any injuries. It is common for insurance companies to have expert insurance medical examiners provide an opinion on the case. The opinion by these doctors is mostly biased as the insurance company is paying them, so they work in their defense. Hence, fighting the case supported by a medical examiner’s opinion gets tougher. 

The terminology for someone who has been re-injured similarly is “aggravation of a pre-existing condition.” This represents that the individual did have a previous medical condition or injuries. Still, the accident aggravated or enhanced the injuries or condition, making it more symptomatic, deeming the individual entitled to the insurance claim or the claim against the defendant for worsening the condition. The aggravation of a pre-existing condition is most common in injuries involving neck injuries, back injuries, and traumatic brain injuries. 

In lawsuits of aggravation of a pre-existing condition, providing information regarding the previous medical condition and the post-accident condition is not enough. A medical testimony by a licensed healthcare practitioner is required. In most cases, the existing practitioner treating the plaintiff’s medical condition provides the testimony, but sometimes the plaintiff also hires a new practitioner for the medical testimony. 

Lawsuit Merit: 

Different states have different terms for aggravation of a pre-existing condition lawsuit. It is important to have a professional personal injury lawyer fighting your case to make it strong and avail as much compensation as possible. “The compensation arising from the jury’s verdict of such cases can be huge and cover non-economic losses,” says Felix Gonzalez.