A car crash can significantly worsen a pre-existing injury or condition, such as a previously broken bone. This situation raises medical and legal questions, as the aggravated injury requires further treatment and may lead to complications in establishing liability.
When filing a personal injury claim, it’s important to determine how much the car accident aggravated the condition. This is important for determining compensation but also proper medical care.
Understanding Pre-Existing Injuries
A pre-existing condition is a condition or injury that existed before the accident but may have been made worse by external trauma. Examples include back injuries, joint problems, and degenerative disc disease.
In some cases, people only discover they have had a pre-existing condition after undergoing MRI or X-ray scans following a motor vehicle accident. In other cases, the symptoms existed before the accident but became more frequent and painful after.
For example, a person who used to have mild back pain is now experiencing severe flare-ups.
How Do Car Accidents Aggravate Pre-Existing Conditions?
Car accidents exert immense force on the body. The sudden impact can strain vulnerable areas, worsening pain and stiffness or causing new damage. People with spine and neck problems are susceptible, and they can suffer injuries even in a minor car crash.
In addition, the impact puts pressure on muscles, tendons, and joints. This can cause old injuries to flare up, with increased pain and a more limited range of motion. It can also lengthen your recovery as the body struggles to heal new and old injuries.
The Legal Concept of “Eggshell Plaintiff”
In the eyes of personal injury law, individuals with pre-existing injuries have the right to total compensation for the aggravation of that injury. This is known as the “eggshell plaintiff” or “eggshell skull rule,” which dictates that the liable party is responsible for all the harm they cause, regardless of the victim’s vulnerability.
In other words, the at-fault party is responsible for all added consequences if the car accident aggravated a pre-existing injury or condition. However, you cannot recover compensation for the pre-existing injury itself.
Proving Pre-Existing Injuries in a Car Accident Claim
Clear documentation is vital in personal injury cases involving a pre-existing medical condition. Your medical history should show the difference between the condition before and after the accident. This strengthens your case in court or settlement negotiations and is used to prove the damages and determine their extent.
Gathering Medical Evidence
Medical evidence will be the foundation of your case, which is why you should gather as much as possible:
- Contact your healthcare providers and request medical records before the accident
- Schedule appointments with doctors who treated your original injury
- Ask the doctor for their professional opinion
- Document changes in your symptoms and daily activities
Proving Aggravation of Pre-Existing Injuries
There are several methods claimants can use to prove their pre-existing conditions have been aggravated by the car accident:
- Diagnostic tests – An expert can compare old and new X-rays, MRIs, or CT scans.
- Medical evaluations – Seek medical attention and compare your condition to the one before the accident.
- Treatment records – Documenting any new treatments, medications, or therapies received after the accident helps illustrate the worsening of the injury.
- Expert testimonies – Seek testimonies from medical experts who can contrast your state before and after the crash.
Challenges in Proving Aggravation of Pre-Existing Injuries
The at-fault parties often argue that the accident did not worsen the prior injury or condition. You can overcome this defense strategy with solid evidence, such as diagnostic tests and expert testimonies.
Overcoming Insurance Company Denials
The other party’s insurance company will likely try to minimize or deny the accident worsened your pre-existing issue. They may try to intimidate you and claim you’re trying to take advantage of the situation and recover compensation for damage that was already there.
The way to handle this is to contact your previous and current state while remaining assertive and clear. Gather all medical documentation, including your doctor’s opinion that the accident caused the aggravation. Proving a direct cause is essential for a personal injury claim.
We also recommend hiring an experienced attorney for cases involving a pre-existing condition.
Common Pre-Existing Conditions Worsened by Car Accidents
Common examples of conditions that lead to aggravated injury include:
- Pre-existing neck injuries – Rear-end collisions often cause whiplash, which tends to make neck pain worse.
- Disc injuries – People with prior spine injuries or herniated discs often experience more pain, stiffness, and numbness. They are more likely to suffer from pinched nerve roots.
- Prior head injuries – Those who suffered a traumatic brain injury or concussions before the accident are likely to have exacerbated symptoms.
- Pre-existing back injury – People with a prior back injury can experience intensified pain and difficulties performing daily activities.
- Chronic illnesses – People with arthritis, fibromyalgia, and migraines are more prone to increased chronic pain and other symptoms after a car crash.
- Previous fractures – Healed fractures can reopen or become aggravated.
Role of Expert Testimonies in Aggravation Cases
Accident reconstructionists and medical experts can provide critical testimony to demonstrate how the accident happened and how it exacerbated the pre-existing condition. They can:
- Review your medical records to establish the baseline condition before the accident
- Explain how it directly caused the aggravation
- Compare your symptoms before and after the accident
- Establish the need for further treatment, which outlines future medical costs
- Give credibility to your claim that the pre-existing condition has been made worse
How Comparative Negligence Impacts Your Claim
Comparative negligence is a legal principle in some states that assigns each party a percentage of the blame. If the defense argues that the injury predated the accident and played a significant role in the current state, they might argue for reduced liability. If they manage to place a part of the blame on you (e.g., 10%), your compensation will be reduced by the given percentage.
The Importance of Hiring a Personal Injury Lawyer
If your injuries worsen due to pre-existing medical conditions, don’t hesitate to seek an experienced car accident lawyer. Our Chicago car accident attorneys will know how to help you navigate complex legal and medical issues.
How a Lawyer Can Prove Aggravation?
Insurance companies often try to blame you for the accident, claim you’re exaggerating, or deny your claim entirely to avoid paying claims. Our attorneys can counter their tactics and prove that your condition has been worsened by the automobile accident by using specific strategies:
- Comprehensive medical documentation
- Expert testimonies
- Diagnostic imaging
- Documenting symptoms
- Proving causation
- Comparative analysis
- Depositions from medical professionals
What Damages Can You Recover for Aggravated Pre-Existing Injuries?
In car accident claims, plaintiffs can usually seek compensation for medical expenses, pain and suffering, and lost wages.
Medical Costs and Treatment
The insurance claim can cover past and ongoing medical bills for all injuries caused by the accident, including increased care for aggravated injuries. This can include the cost of physical therapy, surgeries, and medical devices.
Non-Economic Damages
Pain and suffering are calculated by assessing the duration and severity of new symptoms, their medical treatment, impact on the victim’s daily life, and emotional distress. They are calculated through multiplier methods or per diem formulas.
Settlement vs. Trial
Claimants must consider duration, risk, and potential compensation when deciding whether to settle or go to trial.
Opting for a car accident settlement is faster, less risky, and has lower legal costs. However, it can also lead to lower compensation amounts. It gives you more control over the outcome but does not set a legal precedent that may benefit future cases.
If you take your auto accident case to court, you may get higher compensation and hold the at-fault party publicly accountable. On the other hand, trials can last for years if you count the appeals process, and they carry the risk of receiving no compensation. They are also more expensive and emotionally taxing.
Time Limits for Filing a Claim for Aggravated Pre-Existing Injuries
The statute of limitations for car accident claims varies by state, but it is usually between one and three years from the accident date. People not filing personal injury claims within this time frame may lose the right to seek compensation.
When a car crash aggravates your pre-existing condition, filing the claim quickly is even more critical. This ensures medical evidence and witness testimonies remain reliable and helps you prove that the car crash aggravated your injuries.
How a Personal Injury Attorney Can Help
A Chicago personal injury attorney from Rosenfeld Injury Lawyers can deal with insurance company tactics, which involve minimizing your claim, blaming you for the accident, denying the exacerbation of your injury, and intentionally failing to mention that you have the right to compensation in such cases.
Our personal injury attorneys will ensure you receive fair compensation for the full extent of your injuries, including physical and mental suffering.
Their job is to assertively and effectively contrast your previous condition with your condition after the accident, whether by demonstrating the active life you led before, comparing injuries through diagnostic tests, or contacting medical professionals and accident reconstructionists.
Secure Expert Legal Representation!
Insurance companies often won’t tell you this, but if someone else’s negligence aggravated your prior injuries, you have the right to pursue compensation for the aggravation. You can recover medical bills, lost wages, and pain and suffering, but it’s critical to contact a car accident lawyer quickly and gather as much medical evidence as possible.
Contact Rosenfeld Injury Lawyers at (888)424-5757 for a free consultation, and we will explain your rights, the legal process, and potential avenues you can take to recover damages.