Pre-existing Injuries

Rob McKinney

Contributor

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One problem that comes up over and over is the issue of pre-existing injuries in car and truck accident cases . Yesterday , an insurance attorney was taking my clients deposition and the sole purpose was to focus on her problems she had before the accident .The goal is to frame the issue that your client was hurt anyway and they are just looking for money . In this case , my client had prior medical problems. She suffered new injuries and had a shoulder and knee surgeries . THe defendant totally ignored the fact they backed up a commerical truck and almost crushed her car . Tennessee has addressed this issue .

In Tennessee , a person who has a condition or disability at the time of an injury is entitled to reciver damages for any aggravation of the pre-existing condition . Recovery is allowed even if the pre-existing condition made the plaintiff more likely to be injured . A plaintiff with a pre-existing condition may recover damages only for any addtional injury or harm caused by the harm .