Can Pre-Existing Injuries Impact Car Accident Claims?
Victims in a car accident have the right to seek compensation for the losses caused by the at-fault driver. Pre-existing injuries can complicate the process only to the extent of determining what your new losses are and what your previous limitations are. How can pre-existing injuries impact car accident claims? There are several potential ways, as explained by a Newnan car accident lawyer.
Insurance Companies May Use It Against You
The insurance company may try to blame your pre-existing injury for the complications or current complications you have. For example, insurance companies will review past medical history. If they find a previously diagnosed or treated condition, they may argue that the accident was not the cause of a similar or closely related injury.
Here is an example. You are in a car accident, suffering damage to your spinal column, but have had back surgery in the past. The insurance company may try to say the current complications you have are related to your previous surgery and not to the accident.
Challenges of Proving Worsening of Your Symptoms
You can seek compensation for injuries and losses caused solely by this accident. If you have a previous injury, you cannot seek compensation for treatment of that injury unless you can demonstrate that the accident worsened the injury.
For example, you may be able to demonstrate that the accident injury is causing you further complications and pain over and beyond what you were facing. It can be challenging to prove this, but you may be able to do so by showing how the accident:
- Increased the pain you feel through limitations on mobility
- Created disability, eliminating your ability to complete tasks
- Created the need for additional treatment that you would not have otherwise needed
Though complex, proving aggravation is not uncommon. A skilled accident attorney will work with you, your doctors, and medical experts to obtain the necessary documentation for these losses.
The Eggshell Plaintiff Rule
Another important concept that can work in your favor is the eggshell plaintiff rule. The legal principle means that you have the right to seek compensation even if their negligence results in a worse outcome for a person with a pre-existing condition.
That is, this rule requires that the at-fault party still pay for the losses and damages they cause. Your pre-existing condition does not bar or limit your right to seek compensation for all losses this accident has caused.
How to Prove Your Pre-Existing Injuries Were Made Worse
Your car accident lawyer will analyze your case. Their objective is to draw a line where your pre-existing injuries end and where new injuries occur. To do this, your attorney may look at factors such as:
- Pre-accident medical records, comparing them to post-accident medical records
- Medical expert testimony that can explain more complex aspects of your conditions
- Documentation that shows the differences
Pre-existing injuries can impact your claim process by making it more challenging for you to seek compensation. You are still owed compensation for the losses you have. The difference is that there is another layer of proof you need to navigate.
How a Car Accident Lawyer Can Help You
Your experienced car accident lawyer will pursue fair treatment. To do that, they will pursue all avenues for documenting your old and new injuries. Pre-existing injuries can impact your accident claim, but an injury attorney in Newnan will work to minimize the impact.