Legal Question in Personal Injury in New York
aggravation of pre-existing injury
When a person with a fractured spinal cord, 2 spinal fusions and partial paralysis (prior accident 9 years ago) is hit by a car while crossing a street able to sue for aggravation of pre-existing injury? mri results were clean. emg, and doctor opinions differ. Current injury introduced new ailments and pain.
3 Answers from Attorneys
Re: aggravation of pre-existing injury
You can sue for aggrevation of pre-existing injuries and well as pain and suffering related to the recent accident. If you would like to discuss your matter in more details, feel free to e-mail and/or call me.
Re: aggravation of pre-existing injury
Sure. You cannot recover for your previous injury, but you can recover for the exacerbation of the condition. You are in New York. Let me know if you want a referral to some great PI lawyers there.
Re: aggravation of pre-existing injury
The short answer is yes, you can sue. The big issue is proving that there are new "ailments" and aggravation of your previous injuries which would satisfy the "serious injury" threshold required in New York when dealing with motor vehicle accidents. You state that there are different medical opinions regarding your injuries. I would suggest that you have an attorney review all of your medical records and get a complete medical work-up in order to determine the best course of action for you. My office handles these types of cases and I would be happy to discuss this with you in greater detail. Please feel free to contact me at your earliest convenience.
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