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

Yes, it is possible to file a claim if your injury is the result of a preexisting condition in Tennessee. However, such claims can be more difficult to win and require persuasive evidence that the injury was the result of the recent action that caused the injury, not the preexisting condition. In order to be successful, you need to show that the action taken should have been foreseeable considering the preexisting condition. It is important to understand that the Defendant might not be held 100 percent liable for your injury. If the court determines that the injury was both the result of a preexisting condition and the Defendant’s action, the court might consider assigning a portion of the responsibility to the preexisting condition and only award the Plaintiff a portion of the damages. Therefore, if you are considering filing a claim due to a catastrophic injury caused by a preexisting condition, you should consult an experienced Tennessee catastrophic injury lawyer before taking further action. A knowledgeable lawyer can provide you with valuable insight on the strength of your claim and provide guidance on how to best pursue legal action.

Related FAQs

How can I prove negligence in a catastrophic injury case?
What should I do if the defendant denies liability in my catastrophic injury case?
How do I prove the extent of my physical and emotional injuries?
What are the elements of a successful catastrophic injury claim?
Can I file a claim if my injury is a result of a preexisting condition?
What affects the value of a catastrophic injury claim?
Are there any limits on the damages I can recover in a catastrophic injury case?
Can I file a claim if my injury occurred in another state?
Can family members file a claim for a victim of a catastrophic injury?
Who can represent me in a catastrophic injury case?

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

Related FAQs

Related Blog Posts