Can I Sue If…Mark Clore ·
We're often asked if a person's claim can be affected when they have had a prior personal injury or when other situations could prevent them from making a recovery. Can you sue if the only part of your body hurt in an accident was already hurt from a prior injury? Can you claim for any injuries if you are already on disability? What happens if your doctor said no bones were broken? What about if the police say you're at fault? The answer in almost all instances is "it depends."
Claiming Depends on the Circumstances
It doesn't happen often that the legal system flat our refuses a claim for a personal injury. Generally speaking, when your personal injury is caused by someone else's negligence, the law provides a remedy to the injured party.
This Isn't Always the Case
Some cases simply won't stand, though. No matter how terrible the injury. Accidents do indeed happen and not every death is a wrongful death nor is every accident caused by someone else's negligence. The problem with these cases are not what the law itself imposes. They are inherent problems created by the case facts. The law is fairly accommodating to personal injury claimants. If your accident and injury was caused by someone else, your lawyer can in all likelihood develop a plan to get you your rightful claim.
Let's look at the questions we posed earlier.
- Can I sue if the part of my body hurt in the accident was already hurt from a prior injury? The answer is yes. A condition that already exists is something the defense attorneys will attempt to exploit. But your chosen lawyers can use it to your advantage, for example by saying that yes, your neck was already hurt, but it made you more susceptible to a severe personal injury.
- Am I able to claim for injuries if I'm on disability? The answer, again, is yes. Your legal team will deal with the issue. While it can complicate matters, the fact that you are disabled does not strip you of the right to recovery.
- What if my doctor said I didn't break bones? You are able to recover for all injuries suffered in an accident, not only broken bones.
- What about if the police say I was at fault? Simply put, what the police say about an accident is one of the most over-rated facts in the field.
The Circumstances Are Endless
One of the most interesting things is how endless the permutations of circumstances and facts under which a personal injury can occur. New scenarios and questions come up all the time. If you or a loved one has suffered a personal injury as a result of someone else's' negligence you can talk to the Clore Law team about your claims. We will help to determine your case and claim what is rightfully yours. Give us a call at 843-722-8070 to discuss your case.
Clore Law Group welcomes your questions about any issues concerning a serious personal injury, car accident, medical malpractice, nursing home neglect, business tort, or workplace injury. If you have a viable claim, we’ll explain the legal process. Since consultations are always free, there’s no cost in learning your legal options.