Have a pre-existing condition worsened by a car accident? Contact The Hoffmann Law Firm today to secure the compensation you deserve.
Car accidents can cause significant injuries, but they can also worsen pre-existing medical conditions, complicating recovery and legal claims. Understanding how car accidents interact with existing health issues, what rights you have, and how to build a strong case can make all the difference.
If you or a loved one has experienced an exacerbation of a pre-existing condition due to a car accident, it’s crucial to act quickly. We can help. Contact The Hoffmann Law Firm today for a free consultation.
What Are Pre-Existing Medical Conditions?
A pre-existing medical condition is any health issue or injury you had before the car accident. Common examples include:
- Chronic Conditions: Arthritis, back pain, or degenerative disc disease.
- Previous Injuries: Fractures, sprains, or whiplash from a prior accident.
- Mental Health Conditions: Anxiety, depression, or PTSD.
- Autoimmune Diseases: Conditions like lupus or multiple sclerosis.
How Car Accidents Affect Pre-Existing Conditions
- Exacerbation of Chronic Pain or Injuries
- Car accidents often worsen issues like back pain, joint problems, or prior neck injuries. For example, a person with mild disc degeneration may experience a herniated disc after the collision.
- Delayed Recovery
- Pre-existing conditions can slow the healing process. For instance, someone with diabetes may have difficulty recovering from car accident injuries due to impaired circulation and immune response.
- New Symptoms or Increased Severity
- A car accident may trigger new symptoms related to an existing condition. A previously manageable issue, such as arthritis, could worsen to the point of significantly limiting mobility.
- Mental Health Impact
- Those with anxiety, depression, or PTSD may find that a car accident intensifies their mental health struggles, requiring additional treatment or therapy.
The “Eggshell Plaintiff” Rule
Legally, the “eggshell plaintiff” rule ensures that an individual’s pre-existing condition cannot be used against them. This means:
- You Are Taken As You Are:
- If the accident worsens your condition, the at-fault party is responsible, regardless of how fragile your health was before the crash.
- Full Compensation Is Possible:
- Even if your injuries are more severe because of your condition, you can seek full damages.
However, you must prove the accident directly caused the aggravation or worsening of your condition.
Challenges in Cases Involving Pre-Existing Conditions
- Proving Aggravation: Insurance companies often argue that your condition wasn’t worsened by the accident or that the worsening was inevitable.
- Medical Documentation: It’s critical to distinguish between pre-existing and new or aggravated symptoms.
- Bias Against Victims: Insurers may attempt to minimize payouts by claiming your condition was unrelated to the accident.
Steps to Take After a Car Accident
Seek Immediate Medical Attention
Always get a medical evaluation after a car accident. Be upfront with your doctor about your pre-existing conditions so they can document any changes accurately.
Document Everything
Maintain detailed records of:
- Pre-accident medical history
- Symptoms before and after the accident
- Medical treatments, including tests, therapies, and medications
- Missed work or changes in daily life
Notify Your Attorney
If you hire a personal injury attorney, disclose your complete medical history. Transparency ensures they can build a strong case and counter any arguments from the insurance company.
Medical Evidence in Pre-Existing Condition Cases
The key to winning a claim involving pre-existing conditions lies in medical evidence. This includes:
- Comparative Medical Records: Doctors compare your condition before and after the accident to determine the impact.
- Expert Testimony: Physicians or specialists may testify how the accident specifically aggravated your condition.
- Diagnostic Imaging: X-rays, MRIs, or CT scans can show physical changes caused by the accident.
Compensation for Aggravation of Pre-Existing Conditions
Victims with pre-existing conditions can seek damages for:
- Medical Bills: Both for the aggravated condition and new injuries.
- Lost Wages: If your condition prevents you from working or limits your earning capacity.
- Pain and Suffering: Compensation for the increased pain and emotional distress caused by the accident.
- Future Medical Costs: For ongoing treatment related to the aggravated condition.
How Insurance Companies Handle Pre-Existing Conditions
Insurance companies may attempt to:
- Deny the Aggravation: Claim that your current issues are solely due to your pre-existing condition, not the accident.
- Minimize Compensation: Argue that the condition would have worsened over time regardless of the crash.
- Request Excessive Documentation: Insurers may demand extensive proof, creating delays and stress.
How an Attorney Can Help
A personal injury attorney can:
- Prove Causation: Gather medical evidence to show how the accident worsened your condition.
- Fight Insurance Denials: Counter tactics used to deny or minimize your claim.
- Negotiate Settlements: Work to secure compensation that reflects the accident’s full impact on your life.
- Provide Expert Connections: Collaborate with medical experts to strengthen your case.
Preventing Complications in Pre-Existing Condition Cases
- Disclose Your Medical History: Concealing your condition can harm your credibility.
- Follow Medical Advice: Attend all treatments and follow your doctor’s recommendations.
- Stay Organized: Keep copies of all medical records, accident reports, and correspondence with insurance companies.
Contact The Hoffmann Law Firm Today
Car accidents can profoundly impact pre-existing medical conditions, making life more challenging for those affected. However, the law is designed to protect victims, ensuring they are compensated for the full extent of their injuries and the aggravation of existing conditions.
If you or a loved one has experienced an exacerbation of a pre-existing condition due to a car accident, it’s crucial to act quickly. We can help. Contact The Hoffmann Law Firm today for a free consultation.
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