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Plain-English Legal Guide

Aggravation of a Preexisting Injury

A person does not lose the right to compensation merely because an injured body part was not perfect before a crash or other incident.

A person does not lose the right to compensation merely because an injured body part was not perfect before a crash or other incident.

What aggravation means

If wrongful conduct makes an existing condition worse, the responsible party may be liable for the additional harm caused by that aggravation, even if the earlier condition made the person more vulnerable.

What the evidence must show

Prior records, post-incident records, medical opinions, symptoms, function, and the timing of changes can help distinguish the preexisting condition from the new or worsened injury.

This article provides general information, not legal advice. Laws and deadlines vary by jurisdiction and facts.

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