Can I file a claim if my injury is a result of a preexisting condition?

In New Mexico, people may be able to file a claim if their injury is a result of a preexisting condition. This is because catastrophic injury law recognizes that if an injury is caused by a preexisting condition then it can still be the result of another party’s negligence. For example, if a person with a heart condition is injured in a car accident, and the injury is directly related to the preexisting condition, then they may be able to bring a lawsuit. However, it can be difficult to prove that the injury was caused by a preexisting condition and not the result of negligence by another party. To do this, it is important to get a medical diagnosis of the preexisting condition as well as proof that the other party’s negligence caused the injury. It is also important to note that even if a person is found to have a preexisting condition that contributed to the injury, they may still be able to file a claim as long as the other party’s negligence was a contributing factor. Overall, it is possible for a person to file a claim for a catastrophic injury that is a result of a preexisting condition in New Mexico. However, it is important to get a proper medical diagnosis and evidence that the other party’s negligence contributed to the injury in order to be successful in a claim.

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