Will my past injury have an effect on my slip and fall case?

Posted August 20th, 2014 by .

Categories: Personal Injury, Slip and Falls.

slip-and-fall-previous-injury-anthony-carboneIn recent news, a woman had recently been awarded $1.35 million after slipping and falling on a patch of ice in the parking lot of a hotel in Middlesex County. The woman claimed that even though she hadn’t been hurt, an ongoing back problem she previously had worsened because of the accident. The pain became so severe that it limited her mobility and she eventually had to get surgery.

It was obvious that the hotel was at fault in this case because the parking lot had gone untreated after a freezing rain fell about two hours before the accident. And as premises liability states, the owner of the property is responsible for keeping the area safe. But the woman did have a previous injury. It worked out for her in the end, but how does a past injury affect your slip and fall case?

Let’s say you were visiting a shop. You slipped and fell in a puddle of water left by a faulty vending machine. At first, you don’t think you hurt yourself too much and decide not to file a case. However, your knee, where you had damaged it during football, has begun to give you pain. After talking with your doctor, you learn that that the accident had done more damage to your knee then you previously thought. Now what?

It’s true that insurance companies may make a big deal about your previous injury. But in no way should that affect your slip and fall case. If the pre-existing condition has been made worse because of your accident, then under New Jersey law, you can still file and recover money from your claim. And it shouldn’t be any more difficult to prove that the injury worsened because of the accident. As long as you seek medical treatment after the accident, then you have enough evidence to prove the injury worsened.

Have you been in an accident and need help taking on the insurance adjuster? We know what to do. For more than 25 years, the Law Offices of Anthony Carbone, PC has been battling the insurance companies, making sure our clients get what they deserve. Contact us today for a free consultation.

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