Q: I already have sciatica, but my accident made it worse - can I still make a claim if it's a preexisting condition?
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.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
