One might inquire whether it is still possible to pursue legal action in order to obtain compensation for a personal injury sustained in New York State, notwithstanding a prior injury. The Licatesi Law Group is well-versed in the complexities of such issues and is prepared to provide further clarification on the subject. Despite having suffered a prior injury, it is possible to initiate a personal injury lawsuit. There are multiple facets at play, and it is imperative to navigate these intricacies with the assistance of proficient legal experts.0731699001709757627.jpg


A comprehensive grasp of the notion of "pre-existing conditions" is critical when it comes to personal injury litigation. A pre-existing injury or medical condition that is exacerbated by a new accident or incident may still qualify you for compensation in the state of New York for the additional harm sustained. Whether the newly sustained injury worsens an already present ailment or generates entirely new injuries, this theory remains pertinent. A recent instance of this circumstance involved a male client, aged 61, who was involved in a head-on collision. His pre-existing conditions were exacerbated by the collision, necessitating extensive medical attention. Our organization, The Licatesi Law Group, successfully negotiated a $750,000 settlement on behalf of our client, in spite of his pre-existing medical conditions. As a result of the injury, the parties reached a settlement that incorporated expenses for arthroscopic shoulder surgery and a single-level cervical fusion treatment. This case exemplifies the expertise of our firm in handling complex personal injury cases, with a particular focus on those involving pre-existing injuries.


A personal injury lawsuit can be initiated by an individual with pre-existing injuries under the comparative negligence system in New York. This enables the recovery of damages in accidents where the negligence of the other party was a contributing factor. However, it is important to note that the compensation amount may be reduced in proportion to the degree of fault attributed to the individual involved in the accident. When pursuing a personal injury case involving pre-existing conditions, complete disclosure is vital. By providing your attorney with comprehensive and accurate information, you empower them to assess potential ramifications for your case and formulate an effective legal strategy. In addition to pre-existing conditions, medical records and history are crucial for determining the extent of injuries sustained and their relationship to the recent collision. It may be necessary to obtain expert medical testimony in order to establish a causal relationship between the accident and the exacerbation of pre-existing conditions. To demonstrate the impact on your health, it is vital to have documentation of all medical care received, including pre-existing and accident-related treatment. Insurance companies may encounter complications when adjusters attempt to minimize claims by attributing injuries to pre-existing conditions rather than the incident itself. Insurance companies often endeavor to deny their clients equitable compensation by presenting settlement offers that are inadequate and minimal, failing to sufficiently compensate the injured party for their suffering. In light of this, it is critical to retain legal counsel when confronted with such challenges. Understanding the statute of limitations in New York is of the utmost importance in order to protect your right to seek compensation and take the necessary steps. Circumstances such as pre-existing conditions can have an impact on settlement negotiations or trial considerations; therefore, an attorney's advice is required. By taking these variables into account and collaborating with seasoned legal experts, you can successfully traverse the intricacies of pursuing a personal injury case with pre-existing conditions, thus increasing your likelihood of receiving just recompense for injuries and damages.


The resolution of these complex legal matters requires the expertise of seasoned personal injury attorneys who are extensively familiar with the legislation of New York State and previous cases. The Licatesi Law Group has an established track record of effectively handling personal injury cases involving pre-existing conditions. We are fully aware of the complexities surrounding these matters and are dedicated to vigorously advocating for the rights of our clients.


In the event that accident-related injuries exacerbate pre-existing conditions, it is critical to seek legal counsel without delay. We, at our well-informed and compassionate team, are at your disposal to aid you in understanding your legal options and pursuing the reimbursement to which you are rightfully entitled. Make immediate contact with us at (516) 227-2662 in order to arrange a complimentary consultation and enlist our assistance in advocating for justice on your behalf.