Diagnosed with Multiples Sclerosis after an Accident – Can I Sue?

Multiple sclerosis, often referred to as MS, is a chronic, autoimmune disorder that impacts the brain and spinal cord (central nervous system). MS causes the nervous system to be under constant attack by the immune system, and this causes disruptions in how signals are transmitted between your brain and other parts of the body. Unfortunately, patients with multiple sclerosis can end up being permanently disabled, to where they have trouble performing basic tasks.

Many cases of MS are traced to natural causes, but you can also develop MS after an injury from a slip and fall, car collision, or another accident caused by negligence. Another cause of multiple sclerosis is accidents at work, usually from a head or neck injury. Aside from causing the disorder, an accident can worsen the disease if you have a pre-existing case of multiple sclerosis.

As the victim of an accident that resulted in MS or worsening symptoms of the disease, you may be eligible for monetary compensation. Our legal team is here to advise you of your rights and legal options, so please contact us to receive a free consultation.

What are the Symptoms of Multiple Sclerosis?
Patients with multiple sclerosis experience a wide variety of symptoms that vary from one individual to another. Your symptoms may change over time, and there may be times when you don’t have any symptoms at all. Common signs of MS include:

• Loss of coordination
• Numbness or tingling in the limbs
• Unsteady gait or inability to walk
• Sensation similar to electric shock when moving the neck
• Vertigo
• Sudden fatigue
• Cognitive problems
• Drastic mood changes
• Slurred speech
• Problems controlling your bladder / bowels
• Vision problems – partial or complete vision loss, double vision, or pain in the eyes

What to Expect if You are Diagnosed with MS
Those who have multiple sclerosis will have relapses throughout their lives, meaning there will be fluctuating periods where the symptoms are better or worse. Many patients say they feel completely fine for many days in a row, only to experience a sudden relapse that doesn’t go away for weeks or months. Some people, on the other hand, have chronic symptoms that affect them for years at a time, meaning they suffer considerable disruptions in many areas of their lives.

Once the symptoms worsen over time, you may have problems walking and moving your limbs, but the actual rate of progression varies significantly from one patient to another. If you have a gradual onset of the disorder without remissions / relapses, that means you are afflicted with primary-progressive MS. If, on the other hand, you have relapses that gradually turn into a steady progression of symptoms, this is known as secondary-progressive MS.
Can I File a Lawsuit if my MS got Worse Because of a Car Accident?
Yes, you can file a claim for damages if you already had multiple sclerosis prior to a car accident, but the injuries you suffered made your symptoms worse. Certainly, having a pre-existing condition does present additional challenges when it comes to a lawsuit. However, you can still file a claim for compensation if you can prove that the accident caused an increased level of suffering. Due to complications that are involved, we strongly recommend that you contact a personal injury lawyer with experience in autoimmune diseases.
Suing for Multiple Sclerosis after a Work Injury
From slip and falls to being hit with heavy objects, there are many types of accidents that can happen on the job. As a result, you may be injured from a concussion or whiplash, which can aggravate the symptoms of an existing case of MS. Alternatively; some people develop multiple sclerosis caused by an accident at work, and in either of these situations, you are most likely eligible for a workers’ compensation claim.

Make sure to speak with your benefits coordinator, HR department, etc., as soon as you are injured or find out about a disorder caused by a work-related injury. That way, a WC claim is initiated on your behalf, thereby putting you one step closer to receiving the benefits you deserve by law. Even if you are already approved for WC, a diagnosis of MS can make you eligible for additional benefits, like permanent disability. If you need more information on seeking worker’s comp after a multiple sclerosis diagnosis, reach out to us for a free consultation.

Deadline to File a Claim
A diagnosis of multiple sclerosis caused by an accident is devastating news, but you may have grounds to file a claim and obtain compensation from the party that injured you. Or, you may be entitled to workers’ compensation for MS related to a work injury or illness.

If you are filing a lawsuit after being diagnosed with multiple sclerosis, the statute of limitations is 2 years from when you were injured. However, certain conditions may allow you to obtain an extension from the court, which you can find out from one of our attorneys. But these involve exceptional circumstances, which is why the deadline for a personal injury claim is generally 2 years.

One important exception applies to injury claims filed against public entities. For example, you may have developed MS after a fall on government property. In a situation like this, you only have 6 months from the accident date to file a liability claim with the appropriate agency.

Workers’ compensation claims also have different deadlines compared to a personal injury lawsuit. From the date of the injury or diagnosis, you have 30 days to notify your employer. Then, you must file a claim with the insurance company no later than one year from when you were injured or learned of a work-related health disorder.
Contact Kenmore Law Group
Here at Kenmore, we believe that legal representation is a right, and not a privilege for those who are entitled to compensation, either from an accident caused by someone else or an injury resulting from their job duties. With that in mind, we would like to offer you a Zero Fee Guarantee, so you can hire an accident injury lawyer for $0 upfront. Legal fees are collected at the end of your case, and only if we secure a settlement or jury verdict in your favor.

To learn more about this policy and all the other ways we can help you, contact our office to schedule a free case review.