Many people develop back pain caused by arthritis or pain associated with a prior injury to the back. Because the back is vulnerable to injury in a Mississippi motor vehicle accident or slip and fall accident, insurance carriers often offer evidence of a pre-existing back injury or condition as a defense that back pain was not caused by physical trauma from t a car accident. Insurance companies are particularly likely to thoroughly comb through an auto accident victim’s past medical records for evidence of prior injuries or illnesses that may be the basis for current pain and disability when liability of their insured is fairly clear.
Any delay in seeking medical attention following an accident in a Mississippi slip and fall incident or motor vehicle collision may provide support for this defense. Back injuries can cause excruciating pain and permanent disability. Sometimes it can be difficult to diagnose or age a back injury so insurance companies will argue that an accident victim is trying to inflate the value of his or her car accident claim by blaming old injuries on a recent Mississippi car crash.
Fortunately, the law offers some protection to personal injury verdicts that have had pre-existing injuries aggravated by a Mississippi auto collision or other accident. There is a basic saying that “tortfeasors take their victims as they find them.” When the negligent, reckless or intentional conduct of a wrongdoer aggravates a pre-existing injury, the wrongdoer cannot avoid liability merely because the victim was particularly susceptible to a certain kind of injury.
If you have a heart condition like coronary heart disease that makes you especially vulnerable to a heart attack, for example, the defendant in a Mississippi personal injury case may be liable for causing extreme emotional distress that causes you to suffer a fatal heart attack even if your medical condition made you particularly susceptible to such an injury. The same principle applies to back injuries where you have a pre-existing condition. If a Mississippi car accident can be shown to have aggravated the condition, you may still recover for damages suffered to your back including pain and suffering, lost income, future partial or total disability, medical expenses and other damages.
While a medical expert may be required to testify that the impact and trauma from the fall or car accident aggravated the pre-existing injury, the law does not permit the defendant to exploit the fact that an injury victim was particularly vulnerable to the type of injury suffered. The defendant cannot seek to avoid liability or reduce the amount of damages merely because the victim had a pre-existing condition that made the type of injury suffered more probable.
If you or a member of your family has been involved in a Mississippi car accident or suffered personal injury in another type of accident, the experienced Mississippi personal injury attorneys at Barrett Law represent injury victims with compassion and diligence. The experienced Mississippi personal injury attorneys at Barrett Law have been providing effective representation to Mississippi personal injury victims for over 75 years. We provide diligent legal representation and impassioned advocacy so we invite you to call us today at 662-834-2376 to learn how we can help.
