Legal Question in Personal Injury in California

assualt exasperated pre existing condtion

i had a preexisting condtion & was told i would need surgery after i loss some weight. then i was assualted & my Dr said my prexisting condtion was exasperated by the assualt & I needed surgery A.S.A.P. Do I have a case for my dr bills regarding my surgery since the assualt made my preexisting condtion worse & I needed surgery right away instead of after my weight loss?


Asked on 3/27/09, 1:03 am

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: assualt exasperated pre existing condtion

Good question! If you have to miss work that you wouldn't otherwise have missed, you could claim those lost wages. Similarly, if you can't now complete a project you undertook with a given timeline, you should receive compensation for it. Also, the risk of such surgery now -- as opposed to when you would have shedded the excess weight -- might cause you more anguish and potential medical complications. Hopefully, that's not the case and things go as smoothly as possible for you. Certainly, the battery (I assume you were physically touched without your consent) might be actionable since you were injured. Good luck to you, and be well!

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Answered on 3/27/09, 3:19 pm
David Lupoff Law Offices of David B. Lupoff

Re: assualt exasperated pre existing condtion

It seems like you may have a claim for battery, intentional infliction of emotional distress, etc. the person who assaulted you.

Assuming that you can establish liability (and hopefully the defendant has pockets), you do have a chance of having some of your medical bills paid, along with lost wages, etc.

If you wish to have a free consultation, feel free to call me at 877.505.INJURY.

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Answered on 3/27/09, 6:29 pm


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