The aggravation of a pre-existing condition is an aspect of a personal injury claim that we see in clients with medical conditions such as arthritis and degenerative diseases. Whilst an accident will not necessarily be the root cause of these injuries, it can ‘speed up’ the symptoms to levels they would have reached several years down the line.
Compensation is due for these types of injury, as the conditions they usually aggravate are more painful or restrict more mobility as they progress. This can lead to things such as forced early retirement and the loss of earnings that brings.
With cases involving an aggravation of a pre-existing condition, doctors usually give a time frame that the condition has been accelerated by. For example, they can say that an accident victim’s arthritis had been progressed to a level they would have reached in a further 3 years. This timeframe of acceleration is used to calculate the amount of compensation due.
Accident at work claim
We acted for a client recently who had exacerbated a pre-existing condition when he suffered an accident at work. He was working in a bus depot drafting a plan for the following day when he slipped in oil. This caused his knee to dislocate and left him in severe pain. Our client’s pre-existing condition, osteoarthritis, was accelerated by the slip. His knee’s weakness to dislocation was also exacerbated and he required an operation to help with the pain.
There was some difficulty with the accident at work claim in that our client’s employer had gone into liquidation. This was overcome and liability for the accident was eventually shared between the employers and the company who owned the building. In these kinds of situations and with a complex injury it is vital to have an expert personal injury solicitor on your side. A wrong step could mean that the victim of an accident wouldn’t receive the full compensation they were entitled to.
This claim settled at £10,000 and we hope this allowed for our client to ease his conditions through any additional treatment.