I Have a Pre-existing Medical Condition That Was Aggravated After My Accident, Can I Still Pursue A Claim In Tucson, AZ?
Yes. If you have a pre-existing medical condition that was aggravated after your accident, you may be able to pursue compensation for the financial loss you experienced because of medical bills, lost wages, and pain and suffering.
Even if you were found partially at fault for the accident, because of Arizona’s “pure comparative fault” rule, you are still able to seek compensation for your aggravated injuries or any new injuries suffered in the accident.
The threshold for “pure comparative fault” is 100%. This simply means that you would have to be 100% responsible for the accident to be “disqualified” to file a claim. However, if you are found to be only 30% responsible, you may still be able to recover 70% of the grand total of your damages and loss.
Common Injuries Resulting from a Car Accident in Tucson, AZ
Injuries that most commonly occur during a collision are:
- Back Injuries: Slipped, herniated, or bulging discs can be irritated during a collision with another vehicle, not to mention that other back injuries involving the vertebrae or nerves can easily become more serious.
- Neck Injuries: Whiplash is a seriously painful injury to endure. Vertebrae, nerves, soft tissue, and muscles in the neck can be damaged from an impact resulting in whiplash. If a medical condition already exists, the result could cause temporary or permanent disabilities.
- Traumatic Brain Injuries (TBIs) and Other Head Injuries: Concussions and TBIs are common after car accidents because of the extreme force of impact that occurs in a collision. While they can vary in the range of severity, these injuries can easily complicate previous medical conditions and result in many new ones. In the most serious cases, victims have to undergo rehabilitation to relearn many basic cognitive functions.
- Joint Injuries: Knee, hip, elbow, shoulder, wrist, or ankle issues can be exacerbated during a car accident. These injuries can be debilitating and may take a long time to heal, but some may continue to cause chronic pain for someone already suffering from joint issues.
- Internal Bleeding: This is a serious injury that can quickly become life-threatening if it is not immediately noticed by the victim or trained medical professionals.
After suffering injuries in a car accident or having a previously existing condition agitated as the result of a collision, seek medical attention immediately. Even if symptoms or pain is not experienced immediately, an evaluation from a medical professional is highly recommended.
The information obtained during an examination could be vital to a successful claim for damages or personal injury lawsuit should the need be there to pursue compensation.
Damages You May Recover After an Accident in Tucson, AZ
Even if you have a previously existing medical condition that has been aggravated because of a car accident in Tucson, AZ, you can still pursue damages related to the accident and your injuries. While we cannot estimate damages in your specific case, some of the common damages that people are able to recover after a car accident include:
- Accident-related medical expenses
- Ambulance costs
- Lost wages due to the inability to go to work
- Pain and suffering
- Continued medical care
- Lost occupational opportunities such as positional advancement
- Mental anguish from conditions like Post Traumatic Stress Disorder (PTSD)
- Out-of-pocket expenses related to the accident and injuries
- Loss of companionship and affection because of the loss of a loved one
Statute of Limitations for Car Accidents in Tucson, AZ
AZ § 12-542 law imposes a two-year time constraint for filing personal injury lawsuits against another person. This does not apply to insurance claims as, in the vast majority of cases, the insurance company generally begins the claims process almost immediately following a collision.
However, if you decide to pursue a personal injury or wrongful death lawsuit against the other driver, you will need to file those claims within two years of the accident—in the case of a personal injury claim—or two years of the victim’s death.
Call a Car Accident Lawyer at Zanes Law Today
At Zanes Law, we will offer clients valuable guidance that helps them avoid costly mistakes, such as incorrectly filled out claims paperwork, acceptance of an unfair settlement or missed opportunities to obtain coverage for medical bills. After a car accident, starting a claims process right away can make it easier to gather the necessary evidence surrounding your accident.
If you have a pre-existing medical condition that was aggravated after your accident, a Tucson car accident lawyer will help you navigate the complicated world of lawsuits and insurance companies—you can still pursue a claim.
For a free consultation or to have us get to work on your case right away, call (866) 499-8989.
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