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Can You Win an Injury Case Despite Having a Preexisting Condition?
The way we watch our favorite shows and movies has changed drastically in recent years and even more so this year. With the pandemic impacting the world, people found themselves stuck inside their homes looking for new sources of entertainment, and many found exactly what they were looking for through the numerous streaming services available to us. The pandemic made time for people to watch their favorite shows again and again, and it also changed the way businesses, such as Disney and Universal Studios, release their movies. Throughout the spring, many movies were released early and some skipped theater showings all together. “Trolls: World Tour” was released through video-on-demand and earned nearly $100 million in rental fees on its April 10 debut, grossing far more than the first “Trolls” movie debut in 2016. Other movies, such as “Onward” and “Frozen II,” were released early on different digital platforms for purchase or rent. One of the most anticipated early releases under this new system is “Hamilton.” This hit Broadway show has drawn thousands of people to the theater since its debut in 2015. A stage performance of “Hamilton” was filmed in 2016 in just over three days. The resulting movie creates an opportunity for everyone to see the show, whether or not they were able to catch it live on stage. Disney bought the rights to the film last year and announced this February that it would be released on Oct. 15, 2021, in theaters. However, due to the pandemic, Disney decided that what people needed most was something they could enjoy, even if they couldn’t leave their homes. On May 12, the studio announced the film would be available to stream on Disney+ starting on the July Fourth holiday. “Hamilton” fans and those who’ve never seen the play are thrilled to watch the film 16 months in advance of the originally scheduled release. Streaming services have changed how people consume their entertainment, and the pandemic has changed how streaming services offer it. Both changes are helping people get through these difficult times.
At times, clients will call our offices after an injury to a part of their body with which they already had problems. For example, they may call after having suffered a back injury in a car accident but had issues with their back before the accident. The law permits recovery for an aggravation of a preexisting injury or condition if the aggravation caused increased suffering and disability. In that case, the injured person is entitled to recover for the disability or pain caused by the aggravation, but not for the underlying injury or condition. The law also permits recovery if the preexisting condition or injury makes the person more susceptible to injury than an otherwise healthy person. We just concluded a case for a 65-year-old truck driver who was involved in a motor vehicle accident. At the time of the accident he had a two-year history of knee pain, which caused him to limp. When he made no reference to the accident at his doctor appointments, it wasn’t recorded in his medical record. He continued to work for about six weeks after the accident until the pain in his knee caused him to stop working. He was referred to a surgeon and, four months after the accident, underwent a knee replacement for advanced degenerative joint disease. The surgeon’s record also made no reference to the motor vehicle accident. We were, however, able to successfully argue that his injury exacerbated the medical issues with his knee. Despite a two-year history of knee problems, and no reference in his doctors’ records to the accident, we were able to obtain a $475,000 settlement for our client. The law recognizes a right to recover despite a preexisting condition. So, if you or a loved one is ever caught in the same situation, just give us a call. Our expert team at Friedman & Simon is ready to fight for you.
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