Can I Sue for an Old Injury?

Can I Sue for an Old Injury?

In some cases, you can file a personal injury lawsuit for an old injury, but it depends on several factors, especially the statute of limitations. The statute of limitations sets a time limit for when a lawsuit must be filed after an injury occurs. If too much time has passed, you may be unable to sue.

The statute of limitations varies depending on the state and the type of injury. If your injury occurred several years ago but you are still within the statute of limitations – or if there are exceptions that apply (like delayed discovery) – you may still have a chance to file a lawsuit.

In some cases, you can also take legal action if an accident resulting from someone else's negligence made a pre-existing injury or medical condition worse.

It’s advisable to consult with an experienced car accident lawyer to review the specifics of your case and the applicable time limits in your jurisdiction.

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Types of Occurrences That Form the Basis of a Personal Injury Claim or Lawsuit

A personal injury claim arises when someone is harmed due to another person’s negligent or wrongful actions. Various types of incidents can lead to these claims. Some of the most common include car accidents, truck accidents, construction accidents, workplace accidents, medical malpractice, slip and falls, and other premises-related accidents.

Car accidents are one of the most frequent causes of personal injury claims. When a driver acts recklessly, such as by speeding, running a red light, or driving under the influence, they can cause crashes that harm others. Injuries can range from bruises to life-threatening conditions like broken bones or brain trauma.

Truck accidents can be more serious due to the size and weight of commercial vehicles. When truck drivers are negligent – such as driving fatigued, distracted, or violating safety regulations – the consequences can be catastrophic. Injuries from truck accidents may involve complicated medical treatments and long recovery times.

In addition, construction accidents often occur when safety protocols are ignored or equipment malfunctions. Workers may fall from heights or get struck by falling objects. Construction injuries can be severe, leading to permanent disability or death, especially when employers fail to provide adequate safety measures.

Workplace accidents are not limited to construction sites. They can happen in any job environment where safety is overlooked. For instance, machines may injure factory workers, office workers may slip on wet floors, or healthcare workers may face injuries from lifting heavy patients. Employers and others are generally required to provide a safe working environment to prevent such accidents.

Furthermore, medical malpractice occurs when healthcare professionals make mistakes that harm patients. Examples include misdiagnosis, surgical errors, or administering the wrong medication. These errors can lead to severe health complications and long-term suffering, often requiring additional treatments or surgeries.

Slip-and-fall accidents happen when someone falls due to a dangerous condition on another person’s property. This type of accident can involve wet floors, uneven sidewalks, or poor lighting. Property owners have a responsibility to keep their premises safe for visitors.

Finally, premises accidents cover a wide range of injuries that happen on someone else’s property, including injuries from falling objects, dog bites, or even exposure to hazardous conditions.

Types of Injuries That Accident Victims Are Most Likely to Suffer

Victims of accidents resulting from someone else’s negligence often suffer both physical and mental injuries. The severity and type of injuries depend on the nature of the accident, but all can have lasting effects on the victim’s life. Below are some of the most common physical and mental injuries that can result from accidents like car crashes, truck collisions, construction accidents, and others.

Physical Injuries

• Broken Bones − Fractures are common in many types of accidents, especially car and truck accidents. Broken bones may require surgery and extensive rehabilitation, and they can leave victims with long-term pain and mobility issues.
• Traumatic Brain Injuries (TBIs) − Head injuries are particularly dangerous. In car, truck, or construction accidents, a blow to the head can cause concussions or more severe brain injuries, which may lead to permanent cognitive impairments, memory loss, or changes in behavior.

• Spinal Cord Injuries − Accidents, especially high-impact ones like car or truck accidents, can damage the spinal cord, leading to partial or complete paralysis. These injuries often require ongoing medical care, including physical therapy and assistive devices.

• Back and Neck Injuries − Whiplash and other neck injuries are common in rear-end car accidents. These injuries can cause chronic pain, stiffness, and limited mobility, affecting the victim’s ability to work or perform daily activities.
• Soft Tissue Injuries − Sprains, strains, and tears to muscles and ligaments are frequent in slip-and-fall or construction accidents. While these injuries may not require surgery, they can be painful and take a long time to heal.
• Burns and Cuts − Construction accidents or accidents involving hazardous materials can lead to severe burns and lacerations, requiring both immediate medical attention and long-term treatment, including potential skin grafts.

Mental Injuries

• Post-Traumatic Stress Disorder (PTSD) − Victims of traumatic accidents, particularly truck or car crashes, may develop PTSD. Symptoms include flashbacks, nightmares, and anxiety, which can disrupt daily life and require therapy or counseling.

• Depression and Anxiety − Experiencing a traumatic event can lead to depression, anxiety, or both. Victims may feel helpless or fearful about their future, especially if their injuries are disabling.
• Emotional Distress − Victims may suffer emotional pain and suffering due to their injuries, affecting their quality of life. Emotional distress includes frustration, anger, or grief, particularly if the accident leads to permanent disability or the loss of a loved one.

Another critical piece of evidence is your medical bills. These bills show the costs you have incurred for treatments related to your injury. They can include doctor’s fees, hospital costs, prescription medications, rehabilitation, and any future medical needs. These bills help quantify the financial effect of your injuries and are used to calculate compensation for medical expenses.

Furthermore, photos and videos can show the extent of your injuries and the accident scene. Photographs of visible injuries (such as cuts, bruises, or fractures) immediately following the accident can show their severity. Video footage from traffic cameras or security cameras may provide crucial evidence about how the accident occurred.

Witnesses who saw the accident or observed your injuries afterward can also be valuable in proving your case. These people can confirm details about the accident or describe how your injuries affected you, including any immediate pain you experienced or visible signs of distress.

Together, these types of evidence can establish a clear link between the accident and your injury, satisfying your legal burden of proof.

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How Can an Accident Make a Pre-existing Injury Worse?

In many personal injury cases, a victim may have a pre-existing injury or medical condition, and an accident can make that condition worse. Worsening the condition is known as “exacerbation,” where the accident aggravates or worsens the symptoms or severity of the pre-existing condition. Common examples of conditions that may be exacerbated include back pain, joint issues, or heart problems. Proving that the accident caused or worsened a pre-existing injury is crucial for obtaining compensation.

How Accidents Can Exacerbate Pre-existing Conditions

Accidents such as car crashes, truck collisions, or construction site injuries can put additional stress on the body, especially in areas already weakened by previous injuries. For example, a person with a prior back injury may experience worsening pain or a herniated disc following a car accident. Similarly, someone with a pre-existing knee problem may suffer more severe pain or limited mobility following a slip-and-fall accident. In some cases, the shock or stress of a serious accident can aggravate an existing heart condition.

These occurrences can lead to more intense pain, extended recovery times, the need for additional treatments, or even permanent disability. It is important to understand that the law allows you to seek compensation for the full extent of your injury, even if the accident only worsened a pre-existing condition. However, proving that the accident caused the exacerbation is essential.

How to Prove Exacerbation of a Pre-existing Medical Condition

To prove that an accident exacerbated a pre-existing condition, you will need strong evidence that shows how the accident worsened your health. The most crucial evidence is your medical history. Your doctor will compare your condition before and after the accident through medical records, diagnostic tests (such as X-rays or MRIs), and physical exams. Your doctor can explain how the accident likely aggravated your pre-existing condition, providing expert testimony.

In addition, a medical expert can testify that the accident likely caused the aggravation of your condition. The expert will explain how the specific trauma of the accident can have led to the worsening of the injury. If others noticed changes in your condition after the accident, their testimony could also support your claim that the accident exacerbated your pre-existing condition.

Compensation That Accident Victims May Recover for Their Injuries

In a personal injury claim or lawsuit, victims can recover compensation for three main types of damages: economic, non-economic, and punitive damages. A skilled personal injury attorney can access your damages and calculate your losses accurately, ensuring nothing is left out. Your attorney will pursue the compensation you need for the harm you have suffered.

Economic Damages

Economic damages are awarded to compensate the victim for the financial losses they directly incur as a result of their injury. These damages are tangible, measurable expenses that can be calculated.  The most common type of economic damage is medical expenses. These expenses include the cost of hospital visits, surgeries, doctor’s fees, medication, physical therapy, and any future medical care required due to the injury. Medical expenses are often the largest portion of economic damages.

If the injury causes the victim to miss work, they can also recover lost income during their recovery period. This compensation includes salary, hourly wages, bonuses, or any other income that the victim would have earned if they had not suffered an injury. In more severe cases where the victim suffers long-term or permanent disabilities, they can recover compensation for the income they would have earned in the future but can no longer earn due to the injury.

In addition, if the accident caused damage to personal property, such as a car in a car accident, the victim can receive compensation for repairs or replacement.

Non-economic Damages

Non-economic damages are awarded to compensate the victim for intangible losses that do not have a direct monetary value but still significantly affect the victim’s quality of life. One type of non-economic damage is pain and suffering, which refers to the physical pain and emotional distress the victim experienced due to their injury. Pain and suffering damages can cover the short-term and long-term effects of pain, including chronic pain or any limitations the injury caused. Furthermore, if the victim suffers mental anguish, such as anxiety, depression, or PTSD, as a result of the injury, they can receive compensation for the emotional harm caused.

Another type of damage is loss of consortium. Loss of consortium refers to the loss of companionship, intimacy, or the ability to maintain a relationship with a spouse or loved one due to the injury. It compensates for the emotional and relational effect the injury has on the victim’s family life.

Besides that, punitive damages are awarded in rare cases where the at-fault party’s actions were especially reckless, malicious, or intentionally harmful. Unlike economic and non-economic damages, punitive damages are not meant to compensate the victim but rather to punish the wrongdoer and deter others from engaging in similar behavior. Punitive damages are often awarded in cases involving gross negligence or intentional harm.

Speak with a Knowledgeable Personal Injury Attorney About Your Injuries Right Away

A skilled personal injury attorney can connect a particular injury to your accident or establish that the occurrence significantly worsened a pre-existing injury. Your lawyer will handle every step of the legal process for you, including taking your case to trial (if necessary) and working to maximize your total compensation award. Talk with a local personal injury lawyer right away about your options.

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