FAQs about Pre-Existing

What is a pre-existing condition?

Any prior injury or medical condition that has been worsened due to a new injury.

How can a pre-existing condition affect my claim?

The success of your claim will depend on the details of your pre-existing condition and its relation to your personal injury claim.

Can I recover workers’ compensation if I have a pre-existing condition?

Yes, but only if the new injury worsened your pre-existing condition.

How can I recover compensatory damages?

To recover compensatory damages, you must prove that your new injury is at least 50% at-fault as compared to other cases.

What can I do to protect my claim?

  • File your claim promptly.
  • Compile and protect your medical records.
  • Follow the independent medical examination (IME) protocol.
  • Get a caring and experienced personal injury lawyer on your side.

To learn more about your settlement check out our personal injury settlement calculator.

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