Legal Question in Personal Injury in Iowa

Re: automobile accident injury adding to a pre-existing medical conditions pain

Your case presents two issues which are sometimes confusing to non-attorneys.

First, you would be eligible to receive pain and suffering damages, as well as medical treatment costs for the exacerbation or worsening of your pre-existing medical condition. There is an old saying in law that the defendant "takes the plaintiff as he finds him (or her)." Also occasionally called the 'eggshell skull' rule, after an old case from the 19th century, the defendant must make the plaintiff whole or as close to compensated as is possible. If it is the defendant's bad luck to have injured someone who already had a problem or a preexisting condition, then the defendant must pay extra to compensate for the worsened condition.

Another way to think about such a situation is if two trucks were hit and their contents destroyed - china dolls and bowling balls. You wouldn't give the owner of the truck packed with china dolls less compensation for his loss because he was carrying more fragile cargo, would you? The same goes for personal injuries.

In terms of the law which controls in an accident case, it is nearly always the site in which the accident occurred. While there are legal rules for other locations for trials or lawsuits (called "conflicts of laws" rules), it is generally most convenient for witnesses, investigation, and the appearance of plaintiff and defendant to have a case heard in the jurisdiction or state in which an accident occurred.

In the event your accident occurred in Iowa, I would be happy to further discuss your legal rights. Please feel free to give my office a call at (515) 633-9210 or (888) 700-9941 and we can determine what sort of legal assistance you might need in regard to this claim.

Joel E. Fenton, Attorney at Law