The post I have just been injured in an accident but I have a prior injury or pre-existing condition. Can I still bring a claim? appeared first on Law Office of Carl A. Secola Jr., LLC.
]]>The law in Connecticut is clear, a defendant is only responsible for compensating a plaintiff for any injuries or damages that were the result of the accident for which the defendant is at fault. If a plaintiff was already suffering from some type of prior condition or disability the defendant in the new accident cannot be held responsible for those prior injuries or conditions. However, if the trauma sustained in the new accident aggravates or exacerbates in any way the prior injuries or conditions, the defendant in the new accident is responsible for any aggravation or exacerbation suffered by the plaintiff. If your pre-existing injury or underlying condition is made worse in any way, as a result of the trauma sustained in the second accident, the defendant will be responsible for compensating you for that change in your condition. For example, you may have been suffering from an ongoing pre-existing condition regarding your knee or your back. Prior to the accident your condition never reached the point where you required surgical intervention. Now after the new accident your doctor has determined that the trauma sustained in the most recent accident was not the primary or sole cause for the change in your underlying condition which has now resulted in the need for some type of surgical intervention. However, your doctor believes that the trauma sustained in the most recent accident was at the very least a substantial factor, among a number of other factors, which has now caused your symptoms to change and resulted in your need to undergo a surgical procedure. In such a situation the defendant in the recent accident will be responsible for that surgical care and treatment and any additional symptoms and or impairment rating you may suffer from following the new accident. Any injuries or symptoms you are suffering from prior to the most recent accident will serve as the baseline or benchmark from which to compare your symptoms and overall condition following the most recent accident. To the extent your symptoms have increased and the trauma was a substantial factor in producing the need for additional care and treatment the defendant will be held responsible.
It is also important to note that many of us suffer from what are considered pre-existing underlying conditions which are asymptomatic. For example it might be revealed on an x-ray that we are suffering from degenerative arthritic changes in our spine. However, despite the fact there is evidence of pre-existing underlying degenerative disease we do not suffer any symptoms as a result of that degenerative condition. In other words the condition is asymptomatic. The law in Connecticut provides that if the trauma sustained in an accident causes a pre-existing asymptomatic underlying condition to become symptomatic, then the defendant will be held responsible for the change in the condition and for any care and treatment resulting from that change as well as any new or increased impairment or permanency ratings.
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]]>The post Choosing A Personal Injury Attorney appeared first on Law Office of Carl A. Secola Jr., LLC.
]]>Now more than ever it is extremely important to choose a lawyer who has a proven record in the courtroom, trying personal injury cases. Insurance companies know which lawyers can and will effectively try cases. You may ask, why is that so important? With the Courts restricted due to COVID, and no civil jury trials, accident victims and their lawyers have temporarily lost their most effective weapon against an unreasonable insurance company. You see when a case is about to commence trial both sides have to decide whether they want to retain some degree of control over the process, or if they want to place their fate in the hands of the six strangers selected to sit on the jury. This is the moment when plaintiffs and their lawyers can call the insurance company’s bluff. Now in the midst of the Covid-19 pandemic many companies realize that time is on their side. Without the immediate threat of commencing a jury trial to decide the outcome it has become too easy for companies to kick the can down the road. During these trying times it is more important than ever that you have a lawyer, the companies know has the skills and the metal to try your case when jury trials finally resume. Most cases are not tried, but having a lawyer who the companies recognize as a proven trial lawyer will help to get you paid a higher value on any settlement that is ultimately reached.
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]]>The post Medical malpractice results in surgical error appeared first on Law Office of Carl A. Secola Jr., LLC.
]]>One woman in another state suffered such an outcome after needing an operation. A mass had reportedly formed on her adrenal gland, and as a result, she was supposed to have the mass and gland removed through a surgical procedure. Rather than removing the gland, however, the surgeon removed that woman’s healthy right kidney by mistake. The woman was not immediately made known of the error, and it was approximately one week after the surgery that she was told.
Now, the woman suffers from kidney disease, mental distress, pain and other issues due to the doctor’s error. She also had to undergo an additional surgery in order to have the adrenal gland properly removed. She has filed a legal claim against the doctor and the state’s surgical institute in hopes of obtaining undisclosed compensation for the negative outcomes.
While any type of medical malpractice can cause serious damage, having a healthy body part removed is an immensely grievous error. If Connecticut residents have suffered in this type of event, they undoubtedly know that hardships that follow. Physical, mental and financial difficulties can all present themselves, and negatively affected parties may want to seek compensation and justice though a lawsuit for the pain, distress and other struggles they have faced as a result.
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