Oftentimes clients ask me if they are able to bring claim when they have either a pre-existing condition or injury and the answer is yes. It adds an extra element to the analysis, though. Oftentimes when you do have a pre-existing condition or injury you either are receiving treatment or have received treatment in the past.
Your doctors are in the best position to let us now and the insurance companies of what your condition was before the accident and then also to what extent your injuries have either increased or worsen or what conditions are new. New York State allows for compensation for injuries even if you have a pre-existing condition up to the extent of increase or worsening of that condition. Because of that, your doctors often compare MRI films before and after the accident, they often compare CT scans and X-rays.
Another issue is how often we are treated. Are you treated more now? Has your medication or prescription increased or have they changed? All of these things are factors that allow us to prove that what you are suffering from the most recent accident is either new and different or significantly worse than you were before. And again the law does allow for compensation for people who are suffering from conditions previously and have no fault of their own from that condition being worsened.