What are my rights if a pre-existing medical condition is aggravated by a car accident?
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What are my rights if a pre-existing medical condition is aggravated by a car accident?
In the last 4 months, I’ve had 2 surgeries on a brain aneurysm that ruptured 8 years ago. Thursday I went to my neurosurgeon’s office to pick up a release to return to work Monday. When I left I had only made it about 5 blocks when a lady ran a red light and
Asked on January 7, 2017 under Accident Law, Georgia
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
You will need to document in a medical report that the auto accident exacerbated your pre-existing injury from the aneurysm.
If you settle your current personal injury case from the auto accident without claiming that, you won't be able to reopen the case and claim that exacerbation of your pre-existing injury because when the case is settled you sign a release of all future claims.
You also want to consider the statute of limitations in your current personal injury case and your potential claim regarding the pre-existing condition because if the statute of limitations expires, you will lose your rights forever in the matter.
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