Recovering Damages for Slip and Fall Accidents if You Have a Pre-existing Condition
Few people are in perfect health before they slip and fall. The chances that a person has already been hurt in a previous accident or that a person suffers from a pre-existing condition increase as a person ages.
When a person falls, the already existing injury or illness can be aggravated. For example, if a person with a pre-existing back injury slips and falls on a New York City sidewalk or in a New Jersey store, then the person could suffer more physical problems than a person who did not have a pre-existing injury. Similarly, a person with osteoporosis could break a hip in a fall that would result only in cuts and bruises on a person without osteoporosis.
You Can Still Recover Damages Even With a Preexisting Condition
New Jersey and New York premises liability law allows people with pre-existing injuries and conditions to recover damages for injuries sustained in a slip and fall or other type of premises liability accident. The general rule is that property owners take their victims as they find them – meaning that a property owner should not be exempt from liability simply because the injured party already had a pre-existing condition.
Insurance Companies Will Try to Prevent Your Recovery – We Will Fight for You
While the law is on your side, insurance companies generally argue that it was the pre-existing condition, not the slip and fall accident, which caused your injury. The experienced New York City slip and fall lawyers of Hofmann & Schweitzer won’t accept the insurance company’s argument.
We will fight hard to prove the damages that were caused by your premises liability accident and to hold the property owner accountable for the wrong that was done to you.