Car accident injury claims involving pre-existing injuries can be an uphill battle against an insurance company, but a personal injury lawyer can help you find a path forward. If you had an injury or condition before an accident, the accident could have worsened it. Documentation is your greatest tool for proving that the accident caused your current symptoms.
Insurance companies will do everything they can to reduce the amount of money they pay out to injury victims. If you had a pre-existing condition before the accident, they will use that as an excuse to offer you a lowball amount. If you were injured in an accident, you need a personal injury lawyer to help you no matter what, but especially if you had pre-existing injuries. Multani Law Group works with a wide range of injury victims in Kent, Burien, and Seattle to get justice.
Pre-Existing Injuries
Some common types of pre-existing conditions or injuries are back or neck injuries such as disc problems or whiplash, joint conditions, previous surgery sites, and chronic conditions such as arthritis. Your injury symptoms may have been gone or manageable before the accident, but exacerbated afterward, with more pain, stiffness, swelling, etce
Having an injury or condition before you were injured in an accident affects liability, damages, and other aspects of your personal injury case. The insurance company will try to argue that your injuries didn’t come from the accident and were already there. They will use it as an excuse to lower their settlement offer to you. Cases involving pre-existing conditions may take longer than other personal injury cases.
Aggravation of an Injury
Aggravation of an injury is when an accident makes a pre-existing injury worse, causing symptoms to ramp up in intensity. The injury may have even been almost healed, but the trauma of the accident made it worse. Aggravation of an injury isn’t just a temporary flare-up; it can cause long-term effects. The injury may end up being worse than it was initially, even causing disability.
Accidents that can aggravate injuries include auto accidents, slip-and-fall accidents, and workplace accidents. Even if you had a pre-existing condition and were injured in an accident, you can still successfully win a personal injury claim and be able to pay for your damages. After being in an accident:
- Do not accept the settlement the insurance company offers you, because it will be far too low to cover your damages.
- Hire a personal injury lawyer to help you navigate the complexities of an aggravated injury claim or a claim involving a pre-existing condition.
Documentation is Key
To prove fault, you need to prove that your injuries, or aggravation of prior injuries, were a direct result of the other party’s reckless or negligent behavior. You need to show abefore-and-after comparison of your health before and after the accident. Some examples of evidence that can be used in a case where the victim had a pre-existing condition are:
- Medical documentation, including doctor’s notes and opinions, diagnoses, treatment history, symptom progression information, and more. This can show changes in your health or injury before and after the accident and prove the accident made things worse. Medical documentation must be accurate and thorough.
- Witness statements from friends, coworkers, and family members can testify to how the accident worsened your symptoms and functioning levels.
- Expert testimony from medical professionals can serve as powerful evidence that the accident aggravated an injury or caused a new one. They can clarify which symptoms stem from the accident and which stem from a pre-existing condition.
All Victims Deserve Justice Regardless of Pre-Existing Conditions
If you were injured in an accident, a personal injury attorney can help you recover full compensation. Multani Law Group handles even the toughest and most complicated personal injury cases from start to finish, including those involving pre-existing injuries. The sooner you contact our team, the sooner we can start working on your claim. Schedule a case consultation with Multani Law Group today!
Frequently Asked Questions About Intersection Accidents
Can the insurance company use my pre-existing conditions against me?
Yes, insurance companies will use whatever strategy they can to avoid paying the compensation you actually need. This includes underhanded tactics like downplaying your injuries and claiming that your pain is actually from your pre-existing condition.
If my pre-existing conditions will be used against me, should I hide my medical history?
Although you shouldn’t be spilling everything to the insurance adjusters and giving them unfettered access to your medical records, you also shouldn’t lie or omit information. Be honest with your lawyer about any pre-existing injuries or conditions, and they can work with you to still recover compensation.
Can I still file a personal injury claim if I have a pre-existing injury?
Yes, having a pre-existing injury does not disqualify you from filing a personal injury claim. A personal injury attorney can help gather evidence and prove that either your condition was aggravated or that the accident caused a new injury.
What is the eggshell plaintiff rule?
The eggshell plaintiff rule means that even if the victim had a pre-existing condition or was more susceptible to injury, the at-fault party is still liable for the injuries from the accident. The defendant can’t claim that an average person wouldn’t have been injured by the accident, and must take the victim as they are.
How can I prove that my prior injury was aggravated by the accident?
Your personal injury lawyer can prove that the accident aggravated your condition by providing clear evidence. It’s important to get prompt medical documentation after the accident to compare your condition before and after and prove that the accident worsened your condition.
What’s the difference between aggravation of a pre-existing injury and the new injury being separate?
Aggravation of an injury happens when you have a history of injury in that specific body part. You can also have a pre-existing injury that is unrelated to the injury you suffered in an accident and involves a separate body part.
What are some damages I can recover in an aggravated injury accident claim?
If an accident made a pre-existing injury worse, you can recover damages for pain and suffering, lost wages from missing work, disability, reduced earning capacity or quality of life, and medical expenses. To prove your damages, work with an experienced attorney and make sure to document everything.
How much compensation can I expect to get for a personal injury claim when I have a pre-existing condition?
Each case is unique, and the settlement a victim receives depends on multiple factors. The amount that your personal injury lawyer recovers for you is impacted by the severity of your injuries, how the injuries affect your life, and what percentage of fault you are found to have for the accident.
What are some things I shouldn’t do if I’m trying to file a personal injury claim with a pre-existing condition?
It’s important to be careful and act with the guidance of a lawyer if you are pursuing a personal injury claim and have a pre-existing condition. Make sure that you don’t downplay your symptoms, don’t lie or hide information, don’t accept the first offer the insurance company gives you, and don’t neglect to get medical care that you need.
What steps should I take if an accident aggravates a pre-existing injury?
After an accident, get immediate medical care and keep detailed records, such as police reports and medical documentation. It’s also essential to hire a personal injury attorney as soon as possible so that they can fight for you and argue your claim.
Talk to a Washington Car Accident Lawyer
If you were injured in an accident caused by an uninsured driver, you do not have to figure out the process alone. Multani Law Group helps injured people understand their options, deal with insurance issues, and pursue compensation after serious car