Many times, injured car accident victims in NJ think that they cannot recover financial compensation for their pain and suffering because they re-injured or aggravated a pre-existing injury. However, this is often not the case. Pursuant to NJ car accident injury law, if the plaintiff can provide comparative medical proof that highlights the difference between the pre-existing condition or injury prior to the accident and after the accident, then the injured car accident victim can recover for damages. Injured car, bus or truck accident victims who have No Limitation on Tort Threshold, as well as victims who have Limitation on Tort Threshold on their car insurance policies, would need to present comparative medical evidence to prove that the accident re-injured or aggravated the pre-existing injury. See NJ Car Accident Law: Can You Recover Damages for Aggravation of a Pre-existing Condition?
I have represented many car accident victims whose pre-existing conditions were aggravated after car accidents and helped them recover damages they were entitled to. I recently settled a case for a woman who aggravated a pre-existing condition after a car accident in Mt. Holly, NJ.
My client is a woman in her mid-30’s. As she was driving on a roadway in Mt. Holly, she was struck on the side by a vehicle operated by a person who was carelessly exiting a pizza shop. My client has Limitation on Tort Threshold on her car insurance policy, which restricts her right to sue. As I have discussed in my other articles, injured drivers who have Limitation on Tort Threshold may only file a NJ car accident lawsuit if their injuries result in dismemberment, significant scarring, displaced fractures, permanent injury, etc., pursuant to New Jersey car accident law.
As a result of the car accident, my client sustained neck and back injuries. She sought medical treatment after her accident and was treated by an orthopedic physician. Imaging studies were ordered, and MRIs of her neck and back revealed disc pathology which was degenerative in nature.
However, after discussions with the treating orthopedic physician, we were able to develop medical support proving that a good portion of the degeneration was significantly aggravated by the force of the trauma. We were also able to prove that her injuries are permanent. The case resulted in an out of court settlement notwithstanding defense arguments that the neck and back injuries pre-existed the motor vehicle accident.
NJ residents injured in car accidents may be discouraged from filing car accident lawsuits because they have Limitation on Tort Threshold on their car insurance policies or have pre-existing injuries. However, these hurdles can be overcome. Therefore, it is crucial to speak to an experienced car accident lawyer in NJ who has knowledge of the Limitation on Tort Threshold exceptions and how to overcome them. In addition, an experienced lawyer will know how to prove that a pre-existing condition was reinjured or aggravated in the accident through credible medical support and records.
Call a NJ Car Accident Lawyer
If you were in a NJ car, bus or truck accident and are not sure whether you should file a lawsuit, call the Law Office of Philip T. Ciprietti at 800.281.8695. I always offers a FREE consultation, and will take the time to answer all of your questions and concerns.
*Disclaimer: Every case is unique and you should not take any action or make decisions in your case without speaking to a qualified car and truck accident lawyer in New Jersey. This website page does not provide legal advice or create an attorney-client relationship. Use of the contact form on this website or emailing Mr. Ciprietti does not create any attorney-client relationship. In addition, confidential information should not be sent through the contact form.