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Posts tagged "subsequent; later; injury; accident; causation; defenses; workers compensation"

Subsequent or Later Accident Can Be A Serious Problem in Your Workers Compensation or Auto Accident Claim

So you had an obvious injury and want to settle or have a trial - what could be the problem.  A later accident or injury may be a defense for the workers compensation carrier or at-fault party to allow them to avoid paying for your damages.  Legally, this defense is usually called the "superceding intervening cause" defense.  In other words, the defendant says that the subsequent or later accident breaks the direct connection between the cause of the original injury and the current injury which may relieve the defendant of liability for the injury - they claim the problem is now all from the second injury or the two cannot be separated. Even if you say the second accident did not cause more injury, the defendant will claim that it did especially if you received any medical treatment.

Smith & Griffith, LLP
1102 North Main Street
Anderson, SC 29621

Phone: 864-261-1571 (Personal injury)
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