Yes, if your injuries are serious enough. New York State allows an injured party to file a personal injury claim if a pre-existing injury was exacerbated as a result of an accident brought about by the negligence of another party. So, for example, if you slipped in an icy parking lot at a business in Buffalo and re-injured your back, you could bring a personal injury suit in Erie County against the owner of the parking lot and any individual or entity the owner had hired to maintain the parking lot in a safe manner, such as a snow removal service.
Keep in mind, however, that exacerbation of a pre-existing injury may be much for difficult to prove than a new injury, and the fact that you were previously injured may reduce the amount of any monetary damages in your case. If you have a pre-existing injury and are considering suing, you should consult an experienced personal injury attorney who can help you determine the strength of your case.
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