Exacerbation vs Aggravation

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Questions and Answers

What is exacerbation?

  • The act of making something bigger
  • Temporary worsening of a pre existing condition because of an accident or incident (correct)
  • Permanently worsening of a pre existing condition because of an accident or incident
  • When the Defendant says your plaintiff is exaggerating.

What is aggravation?

  • Permanently worsening of a pre existing condition because of an accident or incident (correct)
  • The act of assaulting someone
  • When the adjusters insults you or the Plaintiff
  • Temporary worsening of a pre existing condition because of an accident or incident

A Highly Susceptible Plaintiff is:

  • When a Plaintiff is annoying to deal with.
  • When a Plaintiff is too sensitive and cries over everything.
  • A Plaintiff that has had multiple accidents
  • A Plaintiff who has a pre existing condition that makes him more susceptible to injuries (correct)

How can you prove exacerbation or aggravation?

<p>With medical reports, imaging, experts and by making a comparison with the prior medical records (A)</p> Signup and view all the answers

How is the apportionment of damages done in Aggravation/Exacerbation cases?

<p>The damages must be apportioned to reflect only the aggravation/exacerbation, not the pre-existing condition itself. (B)</p> Signup and view all the answers

Why does it even matter knowing the difference between Exacerbation, Aggravation and Highly susceptible?

<p>It will help me estimate the value of my case, prioritize and strategize. (D)</p> Signup and view all the answers

You have a client with a prior lumbar spine injury for which he was asymptomatic, he got into a car accident and now the client is complaining of lumbar back pain, images are done, months pass and the client is not better. You ask for the priors and compare, now his lumbar spine injury is worse than before, this can be considered an:

<p>Aggravation (C)</p> Signup and view all the answers

You have a client with a prior medical history of osteoporosis (a disease that makes bones easier to break), while she was walking at Walmart she slips and falls and breaks 5 different bones. She could be considered a:

<p>Highly Susceptible Plaintiff (C)</p> Signup and view all the answers

Your client has a prior history of issues with her shoulder due to a sports injury, while shopping at Costco a box falls on her and hurts her shoulder, the client goes to the ER, conservative treatment is given, images are done and nothing new is found, she complaints of pain but after a couple session of Physical Therapy she's back to how she was before the accident. This can be considered a:

<p>Exacerbation (A)</p> Signup and view all the answers

Your client is driving home and gets rear ended, he starts complaining of headaches and blurry vision. He goes to the ER, signs with us and he ends up going to the neurologist. He is diagnosed with a TBI without any prior medical history of the same injury. This can be considered:

<p>None of the above (D)</p> Signup and view all the answers

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