Q: I had a pre existing condition/injury years before an accident to same part of my body which was my ankle.
I was finally 90% better. Then I stepped and twisted my ankle in a pothole at a store that had tape on it. A month after accident I did mri and it showed no tears but I had excessive pain. And crps. Then a year later I redid mri and I had tears in both ankles 4 places. Now defense says they are not at fault bc right after the ankle sprain I had no tears. What do I do? It’s been 3 years and I’m still suffering from pain. Now the defense wants to have court dismiss case bc they said they aren’t at fault. I had just got my life back and now I lost everything. What do I do? I know I was delicate from my injury before but I don’t know what to do bc they are saying the mri right after showed no tears.
A: What does your attorney say? Documentation is "king" in law. You need to establish the tears were caused by this incident. Unfortunately you have an MRI that says no tears. Many things could have happened to your ankle(s) in the year before the tears were confirmed. You are asking an opposing lawyer to accept your lay opinion that the pothole caused your injuries. But you don't have the supporting documentation. Have an expert review your original MRI for tears. Good luck. Patrick Steinfeld.
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