Unfortunately, for many of my clients, traversing the legal system, can be daunting. Through the years, I have met many people who, because they had a pre-existing illness or injury, were reluctant to pursue a personal injury lawsuit. Some were under the incorrect assumption that they were either not entitled to compensation because they already suffered from a condition;
or, that the latest injury would be too difficult to prove.
Let’s be clear, if you have been injured in any kind of accident due to the negligence of others, you are entitled to compensation – whether or not you already are suffering from some other pre-existing condition. Two things to consider – first, that illness or previous injury could become exacerbated by the recent accident, and cause you even more physical or emotional anguish. Second, many people have pre-existing medical conditions, and the law takes that into account.
The Eggshell Skull Theory
This is a basic principle of New York personal injury law. It means that even if you have a skull as delicate as an eggshell, and someone who is unaware of that condition injures your head and causes your skull to crack, that person still would be held liable for all damages, regardless of whether the injury was unintentional.
Again, if you have been injured in an accident because of someone else’s negligence, you are entitled to compensation, and should seek legal advice as soon as possible.