Can I file a claim if my injury is a result of a preexisting condition?
Yes, you can file a claim if your injury is a result of a preexisting condition in Maryland. However, the extent of what is recoverable and who is liable for the damages would depend on the specific circumstances that led to the injury. If your injury was caused by the negligence of another party, you may be able to recover damages. For example, if your preexisting condition was aggravated by an employer’s or property owner’s negligent behavior, you may be able to recover compensation. It is important to note, however, that the defendant will likely argue that your preexisting condition caused your injury and not their tortuous conduct. In some cases, a defendant may be able to prove that your preexisting condition was the proximate cause of your injury, making them not liable for damages. In order to determine if you can recover damages, hopefully with the help of a Maryland catastrophic injury attorney, it is important to review the facts of the case and what evidence can be provided to prove the negligence of the other party. If the negligence of another party can be proven, then a well-crafted catastrophic injury claim can be made that will compensate for your medical bills, lost wages, and even pain and suffering.
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