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Allen M., Esq.
Allen M., Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 15472
Experience:  Lawyer with personal injury practice experience.
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I had a knee injury, torn meniscus. My Dr told me I was going

Resolved Question:

I had a knee injury, torn meniscus. My Dr told me I was going to need surgery. I was feeling a lot better after a month and didn't schedule it. I than was involved in a minor car accident, the next day if felt like the knee was aggravated, 4 days later my knee completely locked and an emergency surgery was performed. I feel the accident may have damaged the meniscus more than it already was. Do I have a personal injury case even though the injury already existed?
Submitted: 10 months ago.
Category: Personal Injury Law
Expert:  Allen M., Esq. replied 10 months ago.
Hello, my name is XXXXX XXXXX I look forward to assisting you today. I bring nearly 20 years of experience in various legal disciplines.

Yes, you can file a claim for a personal injury based on the aggravation of an injury. The problem, as you may expect, is convincing the judge/jury of the increased damage.

It will be difficult in this situation, because your doctor had already recommended that you have surgery on that very knee for that very injury.

So, given that many juries are now tainted against personal injury claims and that you already have medical records showing that you required that exact surgery, it is very likely that a jury could decide to award little or no damages even if they find the other driver liable for your injury.

So again, yes, legally you are allowed to sue for the aggravation of existing injuries. Proving aggravation here though is the difficult part. If your doctor had previous suggested therapy or the evidence from the original injury shows very little tearing, but the emergency surgery indicates a complete tear, then you'd have a more reasonable chance of presenting sufficient evidence of aggravation.

As a result, many attorneys, even though they realize you may have a legal claim, may not wish to sue for you, because the monetary award (which they get a part of) will be so reduced by the pre-existing injury as to make it not financially viable.
Allen M., Esq., Attorney
Satisfied Customers: 15472
Experience: Lawyer with personal injury practice experience.
Allen M., Esq. and 11 other Personal Injury Law Specialists are ready to help you
Customer: replied 10 months ago.

Your detailed answer was greatly appreciated. Excellent service.

Expert:  Allen M., Esq. replied 10 months ago.
I'm glad that I could help.

Take care and good luck going forward, no matter what you end up choosing to do.
Customer: replied 10 months ago.

Thank you. Will ask Dr if more meniscus was removed than original MRI showed. There is no replacement for the meniscus. Thanks for your help.

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