Can I Still Sue If I Had A Prior Injury To The Same Body Part?

Yes, you can still bring a claim for injuries even though you may have sustained a prior injury to that same body part. However, it is important to note that you are only entitled to compensation to the extent that the negligent party made the original injury worse – this is called an exacerbation or aggravation of a pre-existing injury.

It is very important to tell your attorney about any prior injuries at the initial case review so your case can be prepared properly. You could seriously damage the value of your case by not being truthful about prior accidents and injuries, even if you feel they were minor or not relevant.

Defense attorneys will use any information they can find to try to lessen the value of your case. Do not give them any help by being untruthful with your attorney.