How Pre-Existing Injuries Impact Car Accident Claims
When you’re involved in a car accident, especially one that results in injuries, the process of seeking compensation can be complex. This complexity increases significantly if you have pre-existing injuries or conditions, however it does not mean you don’t have the right to pursue compensation. How does a pre-existing injury affect your car accident claim? Let’s delve into the nuances and considerations involved.
Understanding Pre-Existing Conditions
Firstly, what constitutes a pre-existing injury or condition? It refers to any injury, illness, or medical condition you had before the accident occurred. This could range from previous fractures to chronic conditions like arthritis or back pain. The most common pre-existing conditions we see are back pain, knee injuries, broken bones, and neck injuries. Insurance companies scrutinize these pre-existing conditions closely when evaluating your claim.
Challenges Faced
Having a pre-existing injury introduces several challenges to your car accident claim:
- Attribution of Injuries: Insurance adjusters may argue that your current injuries are not solely due to the accident but partly due to your pre-existing condition. This can complicate determining the extent of damages attributable to the accident.
- Treatment Complexity: Managing injuries from an accident when you already have existing medical issues can complicate treatment plans. It may be harder to differentiate between symptoms exacerbated by the accident and those stemming from your prior condition.
- Impact on Compensation: Insurance companies may offer lower settlements or deny claims altogether, citing that the accident exacerbated pre-existing conditions rather than causing new injuries.
Legal Implications
In legal terms, pre-existing conditions are not necessarily a barrier to receiving compensation. However, proving that the accident worsened your condition or caused new injuries separate from the pre-existing ones requires thorough documentation and expert testimony. Here’s how legal principles come into play:
- Eggshell Plaintiff Rule: The Eggshell Plaintiff rule is a fundamental principle designed to protect individuals who may be more vulnerable to injury due to pre-existing conditions. This legal doctrine states that a defendant must take a victim as they find them. For example, if you have a pre-existing back condition and are involved in a rear-end collision that aggravates your condition significantly, the defendant is still liable for the resulting damages.
- Causation: The key legal question becomes whether the accident directly caused new injuries or aggravated existing ones. Medical records and expert opinions play a crucial role in establishing causation.
Documentation and Evidence
To strengthen your claim:
- Medical Records: Clear and detailed medical records before and after the accident are essential. They should delineate the status of your pre-existing condition and document any new injuries or exacerbations. Insurance companies usually require medical records to process your claim and any delays or gaps in medical treatment can raise doubts about the validity of your injury claim. Moreover, medical records provide clarity and strengthen your case if litigation becomes necessary.
- Expert Testimony: Medical experts can provide testimony on how the accident impacted your health and overall wellbeing. They can clarify the relationship between the accident and your injuries.
- Impact on Daily Life: Document how the accident and injuries affect your daily activities and quality of life. This can include limitations on work, hobbies, and personal care.
- Tell Your Attorney Immediately: You might be tempted to hide your pre-existing injury or condition because you are fearful that it will hurt your case. It is actually far worse to keep this information to yourself because if the insurance company discovers your pre-existing injury, they will accuse you of hiding information. This presents a whole new set of problems so it’s important to be honest and tell your attorney right away.
Insurance Adjuster Tactics
Insurance adjusters often use several tactics when dealing with claims involving pre-existing injuries:
- Lowball Offers: Initial settlement offers may be significantly lower, as they will assume they can leverage your pre-existing condition to argue against the full extent of damages.
- Independent Medical Examinations (IMEs): Insurers may request IMEs to obtain a second opinion on your injuries. Be prepared for these examinations and ensure your medical history is accurately represented.
Seeking Legal Assistance
Given the complexities involved, consulting a personal injury attorney specializing in car accidents is advisable. They can:
- Evaluate Your Case: An attorney will assess the strength of your claim considering your pre-existing condition and the specifics of the accident.
- Negotiate with Insurers: Legal representation can help negotiate fair compensation and navigate potential disputes over pre-existing conditions. Attorneys understand tactics used by insurers and can counteract attempts to undervalue your claim.
- Litigation Support: If negotiations fail, your attorney can represent you in court, presenting evidence and arguments to support your claim.
In conclusion, having a pre-existing injury or condition can indeed complicate your car accident claim. However, it does not necessarily prevent you from receiving compensation. The key lies in thorough documentation, expert testimony, and legal advocacy. By understanding your rights and seeking appropriate legal guidance, you can navigate these complexities and pursue fair compensation for the injuries and damages you have suffered due to a car accident. Don’t hesitate to reach out to our firm today so we can guide you through this process and protect your rights.
Makenna Paszek
Paralegal
