How Can Pre-existing Conditions Affect My Case?
It’s very common for a new client to call us about a new injury and tell us that they also have a preexisting condition. The most common such cases involve disc degeneration or prior injuries that may be either partially or completely healed and whose effects may even still linger to some extent. In New York, the law protects people who have these conditions by allowing them to claim compensation for the extent of the exacerbation of any preexisting condition that rises to the level of a serious injury, such as those that occur in car accidents. A premises case doesn’t have that threshold, but the courts still look at a comparison between your condition before the accident and your condition after the accident.