Comments on: What happens in a personal injury cases if unknown to the injured party they had pre-existing arthritis ?

By: JZD

JZD — Wed, 06 Jan 2010 17:36:57 +0000

In PI claims this may be known as acceleration or aggravation.
The parties will call upon an expert rheumatologist to clarify the issue.
He may make one of several prognoses:
1. The arthritis would have happened anyway but has been brought forward by the impact;
2. the arthritis was ‘dormant’ and but for the accident would never have become symptomatic.
3. the arthritis is as a direct consequence of the accident and would not have happened otherwise.

It’s Impact upon the claim depends on the Impact of the injuries. Do they prevent the person working? Do they result in his retiring earlier than usual? Is the arthritis so serious (or will it become so serious) that it will interfere with work?

The aggravation or acceleration of previously asymptomatic conditions is a very common issue in PI claims; it simply affects the overall award of damages but the principal impact (if any) is upon special damages, not general damages.

By: nosdda

nosdda — Tue, 05 Jan 2010 14:31:31 +0000

If the person was unaware of having dormant Athritis, it would not alter the claim.

By: Scouse

Scouse — Sun, 03 Jan 2010 15:57:49 +0000

You take your victim as your find him. the arthritis was not troubling them before the accident and it is now the trouble being sparked off by the accident. I think it will be assumed that either it would not have occurred but for the accident in which case it wil form part of the claim or it would have kicked off in say ten years time anyway in which case it may be reflected in the damages but Ithink not by much. The age of the victim is also relevant

By: Ben

Ben — Fri, 01 Jan 2010 08:02:19 +0000

If the arthritis caused the accident then you wont get any compensation if that is what your asking.