Is Susceptibility to Future Injury or Harm Compensable?
After treatment for most injuries, symptoms disappear and the patient might be feeling better. However, injured areas such as the neck and back may be left more susceptible to reinjury, a new injury, or the development of disabling conditions such as arthritis.
The increased risk of future injury is a compensable form of damages than can be recovered as long as there is sufficient medical evidence of the increased risk. The medical evidence can be provided my medical expert testimony.
Injury awards in personal injury cases can be significantly increased if it can be proven that the patient suffers a present injury due to the increased risk of future harm.
Scott Hughes is a personal injury lawyer in Orange County, California practicing in State and Federal Court.