I had accident three years ago that required me to have knee surgery. I recently had another accident and have to have surgery on the same knee again . Would I b able to file a law suit.
Christian K. Lassen IIPersonal Injury LawyerPhiladelphia, PA ·
Yes. The insurance company will bring up the defense of a previous injury, but a good lawyer can overcome this.
Helpful Hint: Get a lawyer with a low contingency fee of 29% or less, so you are left with the lion’s share of the settlement money.
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Lars A. LundeenPersonal Injury LawyerRutland, VT ·
Yes, however, this type of situation needs the assistance of an experienced personal injury attorney.You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on .com dealing with many of the issues you are now facing.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
You can still file a claim and try to settle or file a lawsuit if you cannot settle. What matters is whether your knee was fine before the accident and now reinjured, or if it was still causing some problems, to what degree did the accident aggravate or worsen the condition.
Your doctor and other health care providers will need to give an opinion of causation as to the above.
I would advise contacting a local personal injury attorney who will be able to assist you further.
YOu can first go through the required medical treatment and put the other side on notice of your claim. They may argue that you had a aggravation of a pre-existing condition, but you still have a claim. Also depends on what insurance you have, hopefully full tort. we try to settle your case first, before having to file a lawwsuit which can take years.
