Can I Still Sue If I Had a Pre-Existing Back Injury Before the Accident?

Yes, you can pursue legal action if an accident has aggravated your pre-existing back injury. Arizona law upholds the ‘eggshell plaintiff’ doctrine, which means that a defendant is liable for the full extent of harm caused, even if the victim had a prior condition that made them more susceptible to injury.

Recent Case in Phoenix

In the case of Mandex, Inc. v. Industrial Commission of Arizona, the court addressed a situation where an employee with a pre-existing back condition experienced a worsening of symptoms due to workplace activities. The court concluded that the exacerbation of the pre-existing condition constituted a new injury for the purposes of workers’ compensation. This case underscores that aggravation of a pre-existing condition is recognized under Arizona law.

Arizona Law and Your Rights

Under Arizona Revised Statutes § 12-542, individuals have the right to seek compensation for personal injuries, including those involving the aggravation of pre-existing conditions. The ‘eggshell plaintiff’ rule ensures that defendants cannot evade liability simply because the victim was more vulnerable due to a prior condition. This legal principle is crucial in personal injury cases, as it affirms that victims are entitled to full compensation for the harm suffered, regardless of their health status before the accident.

Statute of Limitations

It’s important to be aware of the time limits for filing a personal injury lawsuit in Arizona. Generally, you have two years from the date of the injury to initiate legal proceedings. Missing this deadline can result in the loss of your right to seek compensation. Therefore, it’s advisable to consult with an attorney promptly to ensure your claim is filed within the appropriate timeframe.

What To Do Next

If you’ve experienced an aggravation of a pre-existing back injury due to an accident, it’s essential to take the following steps:

1. Seek immediate medical attention to document the extent of your injuries.

2. Gather all relevant medical records, including those related to your pre-existing condition and the recent aggravation.

3. Consult with experienced personal injury attorneys who can evaluate your case and guide you through the legal process.

At Hirsch Talcott, our team, including attorney Jack Hirsch, a Certified Specialist in Personal Injury and Wrongful Death, and attorney Chelsie Talcott, a former Maricopa County Deputy Public Defender, is dedicated to advocating for injured individuals. We operate on a contingency fee basis, meaning you pay no fees unless we win your case. To learn more about our services and why injured Arizonans choose us, visit our website.

Don’t let a pre-existing condition deter you from seeking the compensation you deserve. Contact Hirsch Talcott at 602-903-6000 for a free consultation and let us help you navigate your personal injury claim.