Car accidents are sudden, often chaotic events that can lead to a wide range of injuries. What complicates matters is when individuals involved in car accidents already have pre-existing injuries or medical conditions. These pre-existing injuries can pose unique legal challenges when pursuing compensation for the new injuries sustained in the accident. A car accident lawyer from our friends at Welts, White, & Fontaine, P.C. has provided some insight as to how pre-existing injuries are factored into your case:
Understanding Pre-Existing Injuries
Pre-existing injuries refer to any medical conditions, disabilities, or injuries that a person has before being involved in a car accident. These injuries can vary widely, from chronic conditions like arthritis to prior injuries from sports accidents or falls. It’s essential to disclose any pre-existing injuries to medical professionals and your lawyer to ensure accurate medical assessments and legal advice.
Legal Challenges
- Causation and Aggravation: One of the key challenges in car accident claims involving pre-existing injuries is determining whether the accident caused new injuries, aggravated existing ones, or had no impact on the pre-existing condition. Insurance companies may argue that the injuries were not caused by the accident, leading to disputes over liability. This is why medical records are so important to be able to provide documentation as to what is happening with your injuries.
- Treatment Costs: Car accidents can exacerbate pre-existing injuries, leading to increased medical expenses. It can be challenging to differentiate between the costs directly related to the accident and those associated with pre-existing conditions. A lawyer can help you establish the link between the accident and the worsening of your pre-existing injuries.
- Diminished Quality of Life: When a car accident worsens pre-existing injuries, it can significantly affect a person’s quality of life. This includes increased pain, limitations in daily activities, and reduced enjoyment of life. Calculating the non-economic damages associated with these changes can be complex. However, these can be calculated and added into a settlement, but you will need a knowledgeable attorney by your side.
Tips For Handling Car Accidents With Pre-Existing Injuries
– Seek Immediate Medical Attention: After a car accident, it’s crucial to seek immediate medical attention, even if you have pre-existing injuries. Prompt medical care can help establish a connection between the accident and any exacerbation of your conditions.
– Document Everything: Keep detailed records of all medical treatments, expenses, and any changes in your condition after the accident. This documentation will be essential for your claim.
– Disclose Pre-Existing Injuries: Always disclose your pre-existing injuries to medical professionals and your lawyer. Honesty is crucial in ensuring accurate assessments and legal advice.
– Consult with a Lawyer: Don’t navigate the complexities of a car accident claim involving pre-existing injuries on your own. Consult with a lawyer to protect your rights and seek fair compensation.
With the right legal representation and proper documentation, it is possible to pursue compensation for the exacerbation of pre-existing injuries caused by the accident. If you find yourself in this situation, consult with a lawyer who can provide guidance and advocate for your rights throughout the legal process.
