Slip and Fall Series: Will a Past Injury Affect My Case?
Posted March 18th, 2016 by Anthony Carbone, PC.
Categories: Slip and Falls.
Just when we’re ending our slip and fall series, a nasty storm may be heading our way this weekend. Stay safe, everyone!
Throughout the winter, we’ve offered good advice on what you should do if you have a slip and fall accident in different types of scenarios. But now, spring will be here in a few days. And that means we’ve come to the end of our slip and fall series. In this blog entry, we’ll examine how past injuries could affect your claim.
Here’s the scenario: While walking across a store’s parking lot, you slip on a patch of ice and fall. At first, it doesn’t seem like you’ve injured yourself severely, just a couple of bumps and bruises. However, as days go by, you notice that your knee, which you lost some cartilage while playing sports in college, is beginning to give you trouble. You go to the doctor’s for an examination and learn that the slip and fall had further damaged your knee and you will need surgery to replace it. If you sue the store for the accident, will your former injury come up?
It’s true that a past injury will be brought up by the insurance company. But be aware that your past injury should not have a negative effect on your case. If your previous injury was made worse because of your accident, then according to New Jersey law, you can still file and recover money from your slip and fall. All you have to prove is the accident caused more damage to your previous injury, which if you sought medical attention, you have nothing to worry about.
If you have a slip and fall accident any time of the year and you need legal assistance, then we’re here to help. Contact the Law Offices of Anthony Carbone for a free consultation.