What if I had a Previous Injury Before a Slip and Fall?

Slips and falls sometimes happen to people who are already injured. In those cases, it’s not uncommon for the fall to worsen a pre-existing chronic condition. In such a circumstance, you may wonder what your legal options are.

Perhaps you had previously broken a bone. You might have back pain, a herniated disc, or another strain or sprain. Any of these prior injuries may be worsened by a slip and fall or trip and fall. A chronic condition also could be aggravated, such as arthritis, diabetes, fibromyalgia, or cardiovascular disease, causing you further pain and disability.

In such a case, you would not be compensated for any prior injury or condition – only for new pain and suffering. This means that you would need to prove the extent to which the fall made your condition worse in order to hold any at-fault party financially responsible.

If you happen to be in active treatment for your existing injury and have X-rays, MRIs or other scans on record, that could help. Current scans could be compared to those on file to show how the condition worsened. You may also be able to establish that through new prescriptions, lost income, or surgeries.

Remember that, in addition to your own injury, you also will have to establish how another party’s negligence actually caused the fall. Property owners are required to exercise reasonable care in maintaining their property so visitors are safe. This is generally known as the “duty of care.”

In any case, it may take a leading Pennsylvania slip and fall attorney to help establish that negligence and get you compensation for your new injuries. Please reach out to us to discuss the details of your unique situation and determine whether we can help.