Can I Sue For Accident Injury Even With Preexisting Condition


Preexisting Worse From Accident Injury
Preexisting Worse From Accident Injury

Our personal injury lawyers have had many cases where a client reinjures something in an accident.  In many cases the injury is to a body part that was previously operated on. For example, someone with a prior successful knee surgery may reinjure that knee in a slip fall accident. There are also cases where someone with a bad back or neck injures it worse in an accident. Therefore, we are often asked whether there can still be a case even though the injured person had a preexisting condition. The answer is yes.

The law in Minnesota holds the person who caused an accident responsible to the extent they made someone’s condition worse. The defense our lawyers encounter is that the injury is not worse, it is the same. If the symptoms are the same as they were before the accident, there is no case. Ideally, there will be diagnostic scans that show a different or more significant injury. For example, an MRI might show a herniated disc got worse. The patient’s own description of their symptoms is important, but a doctor’s opinion is most helpful.


The first concern after an accident injury is the medical bills. Our lawyers work to get the medical bills paid by whoever caused the accident.  However, in the meantime, there are other ways to get the medical bills paid as well. For example, in a car accident, your No-Fault insurance will automatically pay at least the first $20,000 of medical bills. With No-Fault insurance, you do still have to prove the accident caused your injury. But, if you have health insurance, they will pay your medical bills regardless of a pre-existing condition. Your health insurance will then get paid back if we are successful with your case.

If you have been injured in a Minnesota accident, call us for a free consultation with a lawyer. Even if you have a preexisting condition, you are entitled to compensation if the injury was made worse. We have offices where you can meet a lawyer in Edina, Minneapolis, and Woodbury. Our lawyers will also come to you throughout MN.