I was hurt before, but this accident made my injury much worse, what do I do?
When you have been involved in a motor vehicle or other injury-causing accident, the other side always wants to first deny responsibility. But if the facts are so clear that responsibility cannot truly be disputed, then they have to find something else to argue.
Often, the defense will point to your medical condition before the accident and claim that your pre-existing medical conditions are the real cause of any ongoing pain. They do this to try to lessen the value of your case, quite simply, to pay you less.
Can they do that?
The simple answer is yes. The defense will always try to muddy the waters with your pre-existing medical conditions. But the law in Arizona does not necessarily help the defense; often, the law helps the injured victim.
For instance, Arizona law provides:
An injured victim is not entitled to compensation for any physical or emotional condition that pre-existed the fault of the other party. However, if the injured victim had any pre-existing physical or emotional condition that was aggravated or made worse by the other party, then the victim is entitled to recover for this. This law applies even if the injured victim may have been more susceptible to an injury that a normally healthy person would not have been, and even if a normally healthy person would not have suffered similar problems.
The defense will always try to show that the medical problems existed before; it is the responsibility of your experienced personal injury trial attorney to acknowledge the same, but to prove that the circumstances of the accident made it much worse.
In doing so, your experienced trial attorney will get you the best recovery for your case.