Pre-Existing Injuries and Car Accidents

A car accident can cause severe injuries and even permanent damage. However, if you already have a medical condition, a car crash could make your existing injuries even worse. Getting into an auto accident with a pre-existing medical condition can cause worsening pain and permanent disability. 

The insurance adjuster may try to deny your insurance claim and blame your pain on a previous injury. However, the at-fault driver is liable for any injuries they cause in car accident cases. To understand your rights in a personal injury case, contact a car accident lawyer for legal advice. 

What Is Pre-Existing Injury?

A pre-existing injury is an injury, health problem, or health condition you had before the car accident. Pre-existing conditions can involve diseases, age-related ailments, or traumatic injuries. Examples of pre-existing injuries can include: 

• Broken bones
• Osteoporosis
• Back injuries
• Herniated discs
• Neck injuries
• Traumatic brain injuries (TBIs)
• Epilepsy or seizures
• Fibromyalgia
• Heart conditions 
• Degenerative disc disease
• Migraines 

How Do Pre-Existing Injuries Affect Car Accident Claims?

A car accident can aggravate a pre-existing condition. For example, you may have back pain related to a slip and fall injury when you were younger. You may have to take pain medication or get shots to manage the back pain. If you get into a car accident, it could make your prior injury worse. You may no longer be able to manage your pain and have to stop working. 

Head injuries and concussions are other examples of conditions that could worsen after another blow to the head. According to the Centers for Disease Control and Prevention (CDC), “there is growing concern about the long-term effects on the brain of people who experience multiple or repeated head impacts.” 

Unfortunately, the car insurance company may try to deny your claim. They may claim you already had back pain, and the car accident didn’t change that. However, the at-fault party is legally responsible for causing harm, including aggravating an existing injury. 

What Is an Eggshell Plaintiff?

An eggshell plaintiff is a legal doctrine that says the at-fault driver is fully liable for any resulting damage. This includes damage where the victim had a pre-existing condition. They are responsible for their actions even if the consequences are more severe than those of an ordinary victim. Also called the eggshell skull rule, the negligent party takes the victim as they find them. 

For example, if you knock over an older adult and they fall, breaking their hip, you are liable for their injuries. Even if most people would not have suffered any injury from a similar push. You are liable for the victim as you found them. 

When Is a Pre-Existing Injury Aggravated by a Car Accident?

You may need expert testimony from a doctor or medical professional to show that a car accident aggravated a pre-existing condition. A doctor can review your medical history before the accident and do a medical exam afterward. Your medical expert can testify to the jury how the car accident caused your condition to get worse, in addition to any other injuries caused by the accident. 

Your medical expert can also use medical records, imaging tests, and other evidence, such as X-rays, CT scans, and MRI images, to show that your current injuries are more severe than before the accident. 

What Are the Damages if a Car Accident Aggravates a Pre-Existing Injury?

In a personal injury claim, you can file a lawsuit to recover damages for your injuries. Economic and non-economic damages include any losses suffered because of the accident. Damages you can recover in a personal injury claim include: 

• Medical bills
• Continuing medical expenses
• Lost income
• Loss of earning potential
• Property damage
• Loss of enjoyment in life
• Pain and suffering

The insurance company may offer a low settlement amount to get you to drop the case. While taking the money can be tempting, talk to your lawyer before accepting any settlement. You may require lifelong medical care. Make sure the settlement amount covers all your costs, including future damages. Your attorney can negotiate with the insurance company to ensure you get a fair settlement offer to cover your injuries. 

How Can an Attorney Help With a Pre-Existing Injury Case?

A personal injury attorney can review your case and explain your legal options. Your attorney can deal with the insurance company so you can focus on more important things. Your personal injury lawyer can also negotiate for the maximum settlement offer. If the insurance company doesn’t want to pay what’s fair, your attorney can take them to court. Contact a local car accident attorney for help after an injury accident.