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Aggravation of Pre-Existing Condition in MI Accident Lawsuits

At the law firm of Goodman Acker, P.C. our Michigan auto accident attorneys actively file lawsuits on behalf of clients seriously injured as a result of a motor vehicle collision. Sometimes these collisions caused our client to suffer new injuries; however for many victims the lawsuit is filed because of an old injury made worse.

When a person is re-injured in a same or similar manner, it is typically referred to as an “aggravation of pre-existing condition.” Some of the most common scenarios our Michigan auto accident attorneys have seen include, but not limited to, cases involving back injuries, shoulder injuries, neck injuries, and head injuries.

In fact, in this video below Senior Partner and Attorney Gerald Acker discusses one of his most recent lawsuits for a client who had a history of back and shoulder problems three months prior to her involvement in an auto accident. As a result of the collision, her past injuries got worse and set her back terribly. Her insurance company denied benefits claiming that her pain and suffering was not a result of the accident, but in fact a result of her previous history. We filed a lawsuit on her behalf and won. We were able to help her receive all the benefits she was entitled to from the insurance company.

Unfortunately this is not an uncommon scenario for the insurance companies to deny benefits to victims who have had a past history of problems. However, contrary to what the insurance company may tell you, if you or a family member was involved in a Michigan car accident and as a result, prior injuries you suffered from were aggravated or got worse due to the accident, you are entitled to compensation.

The entitlement to compensation for aggravation of a pre-existing condition is found in the Michigan statute, M Civ JI 50.04 Element of Damage – Aggravation of Preexisting Ailment or Condition. The statute states that “reasonable compensation may be awarded for the increase of pain and suffering, increased disability, and related expenses arising from aggravation of a preexisting ailment or condition.”

Goodman Acker can help you if you or your loved one suffers aggravation of a pre-existing condition. We have significant experience in helping clients obtain the compensation they deserve and frequently represent clients in this type of situation. These types of cases can be quite complex and difficult to prove because there were past injuries. For this reason, it is important that you do not try to handle these claims on your own or talk to an insurance adjuster until you consult with an attorney.

Call our trusted car accident lawyers today at (248) 793-2010 to discuss your case and determine whether or not you have a claim. Our lawyers will discuss your case with you for FREE and at no obligation and answer any questions that you may have. We will also explain your legal rights to you and walk you through the process should you have a claim. Best of all, we represent our clients under a trusted no win no fee promise, meaning if you do have a case and you need our representation, there are no fees or costs to you whatsoever until we win or settle your case. With this promise you can be confident we will be fighting for you every step of the way. Call our office today to get the help you need!

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