Legal Question in Personal Injury in Indiana

Yes, the aggravation is compensable.

You will need an expert to testify as to the existence of the previous injury, and the aggravation. Here's a jury instruction (which was upheld by the appellate court) in one Indiana case:

"If you find that Plaintiff had a pre-existing condition or disease in her neck and that the accident in question did in fact aggravate such pre-existing condition, you should assess only those damages directly and proximately resulting from such aggravation and not from the disease or pre-existing condition itself. If, however, you find that the Plaintiff had a pre-existing condition or disease in her neck and that the accident in question did not aggravate such pre-existing condition, then you should find for the Defendant and against the Plaintiff on that issue." - Skaggs v. Davis, 424 N.E.2d 137 (Ind.App. 4 Dist. 1981)

The increased pain and suffering along with any additonal physical damage done to you are compensible. Any medical treatments necessitated by the new injury is also compensible along with any increased permanent injury. Please let me know if you would like to discuss this in more detail. Thanks.

Larry R. Jackson

JACKSON LAW FIRM, LLC

PO Box 806

Fishers, IN

46038

[email protected]