What Does The Defense Have To Prove To Have My Case Dismissed Based On “Pre-existing Injuries?”

by Friedman & Ranzenhofer, PC on December 16, 2011

in Buffalo Injury Questions and Answers

Few people involved in Buffalo personal injury lawsuits are one hundred percent healthy prior to being involved in a personal injury accident.  As a result, it is not unusual for the defense to point to “pre-existing injuries,” such as age-related changes to the spine or joints, as the cause of the injured person’s suffering instead of the accident.

A pre-existing condition, however, does not bar recovery for damages.  If such a condition was aggravated or activated by an accident, the injured person is still entitled to recover damages to the extent that the accident exacerbated his or her condition.  While the pre-existing condition creates an additional hurdle for the plaintiff – one that the defense will attempt to exploit – it is entirely possible to recover for any additional injury.

When seeking dismissal prior to trial, the defense must establish that the injury was pre-existing.  The plaintiff must offer proof that the accident activated or aggravated it.  Obviously, in such cases it is very helpful to the injured person if the medical records establish that he or she had few or no complaints about the condition prior to the accident and there was a drastic change in the treatment required following the personal injury accident.

If you have suffered an injury and have any questions, please feel free to us at 716-542-5444.  We would be happy to help you.

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