Legal Blog


Can You Get Compensation For Pre-Existing Injuries?

Incidents such as vehicle accidents and slip and fall accidents are common and lead to several damages to the victim. The personal injury laws allow them to file a claim against the negligent party whose actions caused them damages to recover their losses. 

It can be complex to understand how to estimate the value of compensation you deserve and what factors affect it. When you have a pre-existing condition, your situation becomes more complicated. In such cases, the guidance of an experienced Albuquerque personal injury lawyer is an absolute must. 

What are pre-existing injuries?

Pre-existing injuries are medical conditions such as chronic illnesses or injuries that the victim was already suffering from before the occurrence of the personal injury incident. These pre-existing injuries may be intensified or lead to further injuries because of the personal injury accident. Such injuries can significantly influence the value of the compensation you deserve, and with the assistance of a lawyer, you can understand how to estimate your true claim. 

Can you seek compensation for them? 

You cannot seek any compensation for injuries you had before the incident took place. The law holds the negligent party liable only for the damages you incurred directly because of their negligence. If your condition worsened because of their actions, you could seek compensation based on its effect. 

On what basis is your compensation value determined?

Evaluating a fair estimate of the compensation you deserve is essential because it ensures the security of your future financial state and well-being. Some common damages that you can recover include:

  • Medical expenses: Personal injury incidents can be dangerous and lead to a wide range of injuries that require medical care. All past and future medical costs such as treatments, medication, surgeries, physical therapy that you had to undergo because of the injuries are recovered. 
  • Lost wages: When an individual cannot work because of their injuries until they recover, their lost wages and job benefits during that time are compensated. 
  • Pain and suffering: The emotional distress the victim is subjected to because of the other party’s negligent actions can deteriorate their quality of life. They are compensated for their suffering. 

In some situations, the insurance firms of the other party may claim that your injuries were pre-existing when in fact, they were caused by negligent misconduct. An Albuquerque lawyer helps you gather relevant evidence such as medical documentation, past medical history, and your healthcare provider’s opinion to prevent insurance firms from reducing or dismissing your claim. They put in every effort to ensure that you receive a fair settlement.