Can You Claim for a Pre-Existing Injury After a Car Accident?

 

Car accidents can be devastating, especially if you have a pre-existing injury. Many people wonder if they can still claim compensation if their pre-existing condition is aggravated by the accident. The short answer is yes, but there are complexities. In this blog, we’ll discuss how pre-existing injuries are handled in car accident claims and why consulting a lawyer for a car accident with injury is crucial.

Pre-Existing Injuries and the Law

Having a pre-existing injury doesn’t automatically disqualify you from claiming compensation after a car accident. The key issue is whether the accident worsened or aggravated your existing condition. If the car accident made your injury worse, you could be entitled to compensation for the increased pain and suffering.

For example, if you already had back pain from a previous injury and the accident caused more severe pain, you may still be able to claim for the aggravation of that injury. The law allows compensation for damages resulting from the aggravation of a pre-existing condition.

Proving the Connection

To claim compensation, you need to prove that the car accident caused the worsening of your pre-existing injury. This is where medical records and expert opinions are essential. Insurance companies may argue that the injury was merely the result of your pre-existing condition, so it’s important to provide evidence linking the accident to the increased pain or new symptoms.

Your lawyer will assist in gathering the necessary medical documentation and may bring in medical experts to testify that the accident aggravated your pre-existing condition. Without solid evidence, it may be challenging to secure compensation.

The "Eggshell Plaintiff" Rule

One important legal principle in cases involving pre-existing injuries is the "eggshell plaintiff" rule. This rule states that the defendant is still liable for the full extent of the plaintiff's injury, even if the plaintiff had a pre-existing condition. In other words, if the accident worsened your injury because of an existing condition, the defendant is responsible for all damages caused, even if the harm was more severe than it would have been for someone without the condition.

For example, if you had a weak knee from a prior injury and the accident caused it to worsen, you are still entitled to compensation for the added damage, regardless of your prior condition.

Insurance Companies and Pre-Existing Injuries

Insurance companies often try to downplay the effects of a pre-existing injury. They may argue that the accident wasn’t the cause of the injury or that your condition was already present. This can complicate your claim. That’s why it’s crucial to work with a lawyer to ensure you receive fair compensation for your aggravated condition.

Ending Note

You can claim compensation for a pre-existing injury after a car accident if you can prove that the accident worsened your condition. This can be a complex process, but with the help of a skilled law firm for personal injury, you can ensure your rights are protected. If you have a pre-existing injury and have been involved in a car accident, consult a lawyer to increase your chances of securing the compensation you deserve.