What if an Accident Made an Old Injury Worse?

Accidents can have profound impacts, especially when they exacerbate existing injuries. Understanding your rights in such situations is crucial, particularly under Arizona law.

Understanding Aggravation of Pre-Existing Conditions

In personal injury law, an “aggravation” occurs when a new incident worsens a pre-existing condition, leading to increased pain, disability, or the need for additional medical treatment. Arizona courts recognize that individuals with prior injuries are entitled to compensation if an accident exacerbates their condition.

Legal Precedent in Arizona

A notable case illustrating this principle is MANDEX, INC. v. INDUSTRIAL COM’N OF ARIZONA. In this 1986 case, the claimant had a pre-existing shoulder condition known as myofascial syndrome. Her work activities, specifically typing duties, aggravated her condition, resulting in increased pain and the need for further medical treatment. The Arizona Court of Appeals held that the exacerbation of a pre-existing condition due to work-related activities was compensable under the state’s workers’ compensation law. The court emphasized that an injury is compensable if work activity combines with a pre-existing condition to cause a further injurious result, regardless of whether the condition was industrial or not. This case underscores that Arizona law supports compensation for the worsening of pre-existing conditions due to work-related activities.

Arizona Jury Instructions on Pre-Existing Conditions

Arizona’s jury instructions provide clear guidance on this matter. According to the Revised Arizona Jury Instructions (Civil) 8th Edition, if a plaintiff had any pre-existing physical or emotional condition that was aggravated or made worse by the defendant’s fault, the jury must decide the full amount of money that will reasonably and fairly compensate the plaintiff for that aggravation or worsening. This instruction highlights that defendants are liable for the full extent of the aggravation caused by their actions, even if the plaintiff was more susceptible to injury than a normally healthy person would have been.

Challenges in Proving Aggravation

While the law provides for compensation, proving that an accident aggravated a pre-existing condition can be complex. Insurance companies may argue that the current symptoms are solely due to the original injury and not the recent incident. Therefore, it’s essential to gather comprehensive medical records, expert testimonies, and other evidence to establish the link between the accident and the worsening of the condition.

Seeking Legal Assistance

Given the complexities involved, consulting with experienced personal injury attorneys is advisable. They can help navigate the legal landscape, gather necessary evidence, and advocate on your behalf to ensure you receive fair compensation.

If you’ve experienced an accident that has worsened a pre-existing injury, don’t hesitate to seek legal guidance. Contact Hirsch Talcott at 602-903-6000 for a free consultation to discuss your case and explore your options for compensation.

Where to get help

If this situation applies to you, Hirsch Talcott offers a free consultation — speak with a Phoenix personal injury lawyer to understand your options.