PRE-EXISTING MEDICAL CONDITIONS vs. ACCIDENTS: WHO WINS?
This issue is always a topic of hot debate in personal injury claims. Oftentimes, people have health conditions that pre-exist an accident. When theyíre involved in a motor vehicle collision, the pre-existing condition becomes known, because the accident trauma results in symptoms (pain, swelling, etc…). It is not at all unusual for the person to not even know of the condition (I.e. arthritis). It is quite possible that, but for the accident trauma, they would never know and never have any pain or other symptoms.
Insurance companies and defense attorneys will always try to point to pre-existing condition and say ìnow, this car accident didnít cause it, you had it before. Your response is Well, I had it before, but this accident made it symptomatic–made it worse. Under the above Arizona law, if you can prove that in the collision exacerbated or “aggravated” your condition, resulting in pain or limitation that you may not have had but for the accident, then you are entitled to recover for the aggravation or worsening–just as if the accident had caused the condition in the first place.
In Arizona, the law is still “you break it, you buy it.” In these circumstances, the person who caused the auto accident must pay for the pain and limitations that result from the aggravation or worsening. They don’t pay for the arthritis–they pay for making it painful, and the medical care associated with that pain–which did not exist before the accident.
Christopher Zachar is a Certified Specialist in Personal Injury and Wrongful Death in Arizona. This is the only type of work that we do. We can help you with your case. If you’ve been a victim of someones negligence. Please call us 24/7 at 602-494-4800 to schedule a free case evaluation today.