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Aggravation of a Pre-Existing Condition

Published on May 18th, 2019

I had neck surgery four years ago from which I fully recovered. I was recently rear-ended and now my neck is killing me again. Can I still recover in a personal injury case?

Yes. Illinois law allows for recovery in the event that you have a pre-existing condition that is worsened by a motor vehicle (or other liability) accident. The key to obtaining recovery in this situation is your ability to prove the degree to which your condition was aggravated by the collision. This requires consultation with an injury attorney.

Injury attorneys can utilize medical expert testimony from specialists such as neurologists, orthopedic surgeons, neurosurgeons, and pain management specialists to explain exactly how your pre-existing condition was worsened due to your Cook or Lake County motor vehicle collision. This testimony can show a jury exactly how your pre versus post-accident symptoms changed and the resulting impact this change had on your medical treatment, pain and suffering, and quality of life.

Injury attorneys can also contrast your normal life prior to your collision with your current reality. Highlighting differences in the activities you can perform, household tasks you can accomplish, and work duties you can fulfill is powerful evidence regarding exactly how a motor vehicle collision substantially aggravated your pre-existing condition.

In the event you had a prior injury but it was made worse by a motor vehicle (or other liability) accident, your ability to recover is not foreclosed. You simply need a Cook or Lake County injury attorney to prove your pre versus post-accident condition.

Contact Ryan, Ryan & Viglione today at (847) 416-1989 to discuss how a liability accident worsened your pre-existing condition and how you can protect your rights.

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