Can I Be Compensated for Pre-existing Injuries that are Worsened In New Mexico Car Accidents?


November 15, 2016

 by Caruso Law Offices, P.C. | 

New Mexico Car Accidents Worsening Pre-existing Injuries Can be Compensated For, but Not Fully and it Can be Difficult to Prove but NOT Impossible

As we get older, our bodies begin to break down.  This is no more true than of the back and spinal column.  This can be worsened by sports in high school or college, or even just normal wear and tear as we age.  Other injuries prior injuries could also cause vulnerable spots on our bodies which can be more susceptible to additional injuries.  We could even be healing from an injury when we are injured in a New Mexico car accident.  This can worsen our preexisting injury or the wear and tear done on our bodies.  But can it be compensated?

Generally, the law is that you take the plaintiff as you find them.  This means that, even if a plaintiff is known as an “egg shell plaintiff”—or a plaintiff who can easily be hurt—the defendant is still liable for the injuries caused.  For example, if a defendant breaks the hip of a healthy, young athlete or an elderly man, the defendant will still be liable for a broken hip.

Where it gets complicated is where the broken hip is caused by some other comorbidity.  In the example above, it could be that the elderly man as arthritis which lowers the value of a broken hip.  Or perhaps the athlete previously suffered a broken hip in a football accident.  This would make a second hip fracture less valuable as the hip is already susceptible to arthritis and future pain and suffering.  But the important point in each injury is that, just because there is a comorbidity or prior injury, the victim can be compensated.

A Special Note about Back Injuries in New Mexico Car Accidents

New Mexico car accidents generally cause back injuries or back pain.  This can be particularly because whiplash injuries put a lot of stress on the spine.  But this is also because the spine is very complex and can be easily injured even in low speed collisions.

With back injuries, however, there is almost always the case for a pre-existing back injury or degenerative condition.  In fact, the claim of a degenerative condition in a victim’s back is almost a go-to defense made by a defendant in any motor vehicle accident—even for young victims in their 20s or 30s!  This is particularly because the spine begins to narrow and bare stress from the day we begin to stand.  Most people also complain of back pain at least once in their life, even at a young age.

But again, this degenerative pain in the back is NOT the cause of your current pain and suffering.  Prior to your motor vehicle accident you were not missing work, complaining of pain, or taking pain medication.  After your motor vehicle accident you may be required to endure all or some of these issues.  That does not meant that you cannot be compensated for it, but rather that your compensation may be lowered due to pre-existing injuries.

Thus, any victim can receive compensation for pre-existing injuries.  A victim with prior injuries may not get the same value as a victim without any prior injuries.  But a victim will nonetheless be compensated.  This is a vicious battle sometimes and requires an experienced New Mexico car accident attorney to help prove your entitlement to damages.

Pre-Existing Injuries Can Be Compensated and Can Result in Significant Verdicts in New Mexico Car Accidents

If you or a loved one has been injured in a motor vehicle accident, call the experienced New Mexico car accident attorneys at the Mark Caruso today by dialing (505) 407-0458 You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.

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