Phoenix, AZ asked in Personal Injury for Arizona

Q: I already have sciatica, but my accident made it worse - can I still make a claim if it's a preexisting condition?

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2 Lawyer Answers
Matthew Maerowitz
Matthew Maerowitz
PREMIUM
Answered
  • Phoenix, AZ
  • Licensed in Arizona

A: Yes, ordinarily you can recover if the accident made a pre-existing condition worse. You would want a medical opinion saying so as well.

You should consider contacting a personal injury attorney for a free consultation to be able to discuss your case in more detail.

Tim Akpinar
Tim Akpinar
Answered

A: I practice in New York, but as a general matter, this issue arises in personal injury litigation throughout the nation. It can come down to a matter of causality, where the opinion(s) of physicians are necessary to determine the degree to which an injury/condition/symptom is a pre-existing condition or an exacerbation. Consult with an attorney in your jurisdiction to advise you as to your particular situation.

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