How can pre-existing injuries affect your claim in a personal injury lawsuit in Arizona?

Pre-existing Injuries and Personal Injury Lawsuits in Arizona

If you’ve been involved in a personal injury accident in Arizona, you may be wondering if your pre-existing injuries will affect your claim. The simple answer is that pre-existing injuries can indeed have an impact on your personal injury lawsuit, but it’s important to understand how and why.

In Arizona, personal injury laws dictate that an injured person is entitled to compensation for the full extent of their injuries, both current and future. However, if you had a pre-existing injury or condition before the accident, the defendant may argue that some or all of your current injuries are not their responsibility. This is because the defendant is only responsible for the harm that was directly caused by their actions.

For example, if you had a prior back injury and were involved in a car accident, the defendant’s insurance company may argue that your current back pain is not a result of the car accident, but rather a result of your pre-existing condition. In this situation, a medical expert may need to be consulted to determine the extent to which your pre-existing injury has been exacerbated by the accident.

It’s also important to note that if you failed to disclose your pre-existing injury or condition during the claims process, the defendant may use this as evidence that you are not entitled to full compensation. This is why it’s crucial to be upfront and honest about any pre-existing conditions when filing a personal injury claim.

So, what can you do to protect your rights and ensure that you receive full compensation for your injuries? Here are a few tips:

  • Keep detailed records of your pre-existing injury or condition, including medical records, doctor’s appointments, and any treatments you’ve received.
  • Be upfront and honest about your pre-existing injury when filing a claim.
  • Work with a knowledgeable personal injury attorney who has experience handling cases involving pre-existing injuries.
  • Be prepared to provide medical evidence to support your claim, such as expert medical testimony or a medical report.

In conclusion, pre-existing injuries can have an impact on your personal injury claim in Arizona, but with the right preparation and support, you can still recover the compensation you deserve. If you have any questions or concerns about your specific case, it’s best to speak with a personal injury attorney who can help you navigate the legal process and protect your rights.