As you navigate life's journey, it is inevitable that you will experience injuries and ailments along the way. Though minor bumps and bruises may heal quickly, more significant damages such as a terrible car accident can linger, impacting you physically and mentally. When these pre-existing injuries flare up again, it affects more than just your health. From your career path to relationships and self-image, the ripple effects touch all aspects of your personal life. By understanding the potential impact of past injuries, you gain power over your situation. This knowledge helps you make informed choices to mitigate risks and seek proper treatment when needed. With vigilance and care, you can take control, easing the burden of prior harm on your body, mind and spirit. Equipped with insight, you are better positioned to write your story on your terms.
How Pre-Existing Injuries Affect Your Injury Claim
Pre-existing injuries can significantly impact how much compensation you receive from an injury claim. Insurance companies may argue that your current symptoms and need for treatment actually stem from a previous injury and not the accident in question. They may claim that a pre-existing condition caused your injury to be more severe than it otherwise would have been.
To counter these arguments, you need to provide medical records documenting your condition before and after the accident. If there are differences in symptoms, severity or treatment, it helps prove your current injury claim is valid. However, if medical records show no change, it can undermine your claim.
Treatment and Recovery
The treatment you receive and your recovery time can also be affected. Doctors may have difficulty determining if your pain and symptoms relate to the recent accident or an old injury. This can lead to improper or delayed treatment. Your recovery may take longer as doctors work to determine the cause of your symptoms before starting treatment.
In some cases, insurance companies may offer a lower settlement amount due to a pre-existing condition. They may argue that your injuries would have likely occurred or been aggravated even without the accident in question. While unfair, you need strong evidence from medical professionals to prove otherwise.
The impact of a pre-existing injury on your claim depends on the details of your medical history and condition before and after the accident. Speaking with doctors and legal professionals can help determine how your specific situation may affect a potential injury claim and the compensation you may receive. With the right evidence and advocacy, you can still pursue a fair settlement even with a prior injury.
Proving Aggravation of Pre-Existing Conditions After an Accident
To prove that a pre-existing injury was aggravated or exacerbated due to an accident, you must provide clear medical evidence from a doctor showing the condition worsened as a direct result of the incident. Your doctor will need to examine you, review your medical history and any scans or tests, and determine whether your symptoms and impairment increased following the accident in question.
Some signs an accident aggravated a pre-existing condition include:
- Increased pain, swelling, or inflammation in the affected area. For example, if you had minor arthritis in your knee before an accident and now suffer severe pain, swelling and limited range of motion.
- The condition accelerates or deteriorates at a faster rate. If you had a herniated disk that was manageable but after an accident, it progresses rapidly, requiring surgery.
- New or more severe symptoms emerge. Numbness, weakness or loss of function that was not present before the accident would indicate exacerbation.
- Scans and diagnostic tests show measurable changes. MRIs, X-rays, etc. may reveal compression of spinal cord nerves, a torn rotator cuff, cracked vertebrae or other damage not found on previous imaging.
- Treatment becomes more invasive or frequent. Requiring physical therapy, steroid injections, frequent doctor visits or other interventions that were not previously needed points to exacerbation of injury.
- Daily activities become limited or impossible. If you can no longer perform routine tasks like climbing stairs, lifting objects or exercising that you could do prior to the accident with the pre-existing condition.
To build a strong claim, be sure to inform your doctor about any pre-existing injuries you had before the accident as soon as possible. Thorough documentation of your condition before and after the incident will be crucial to proving aggravation. With medical evidence and testimony from your doctor, you have a good chance of recovering damages related to the exacerbation of your pre-existing injuries.
Maximizing Compensation for Pre-Existing Injuries
To maximize compensation for injuries or conditions you had before an accident, you will need to prove that the accident aggravated or exacerbated your pre-existing issues. The defense may argue that your injuries were inevitable due to your prior condition, so having clear evidence showing the impact of the accident is key.
Provide Medical Records
Supply records from before and after the accident from doctors who treated you for your pre-existing injuries. These should document your condition before the accident as well as how your injuries were affected after. For example, if you had chronic back pain that was manageable before the crash but are now experiencing radiculopathy (pinched nerve) and sciatica, the records would support your claim.
Get Statements from Your Doctors
Ask your physicians for written statements on how your pre-existing issues were worsened due to the negligence of another party. Have them specify how your injuries, pain levels, range of motion, strength, or other factors were altered after the accident. Their expert medical opinions on causation and prognosis carry significant weight.
Document Loss of Enjoyment
Keep records demonstrating how your pre-existing injuries limited your activities before the accident and how your limitations have increased since then. For instance, if you could walk a mile with manageable discomfort but now struggle to walk a few blocks, keep a journal with dates and specifics. Loss of enjoyment of life is a compensable damage, so concrete examples of your decreased ability to participate in work, hobbies, and leisure will strengthen your case.
While pre-existing conditions may complicate a personal injury claim, you can prevail by presenting compelling evidence that the accident at issue aggravated or exacerbated your injuries in a meaningful way. Supplying detailed medical records, physician statements, and documentation of worsened symptoms and daily life impacts can help maximize compensation. The key is proving the difference between your “before” and “after” the accident.
Why You Need an Experienced Texas Car Accident Lawyer
If you have been in a motor vehicle collision in Texas, seeking counsel from a knowledgeable car accident attorney is essential to protecting your rights. Pre-existing injuries you sustained prior to your accident can negatively impact both your physical recovery as well as any personal injury claim you may file.
An experienced car accident lawyer understands how to properly evaluate the facts of your unique situation. They can determine how your prior injuries may influence the value of your claim and the recovery process. For example, if you suffered from a herniated disk in your back two years ago that was exacerbated in the crash, an attorney knows how to factor that into settlement negotiations.
- They can obtain your relevant medical records to prove the accident caused a permanent worsening of your pre-existing condition.
- They can consult with medical experts to determine what portion of your injuries were directly caused by the crash.
- They can negotiate with insurance companies to maximize the value of your claim, even with a pre-existing injury.
Without legal counsel, the insurance company may try to attribute more of your injuries to your prior condition than appropriate in order to reduce the amount they offer for a settlement. Their goal is to save money, not treat you fairly. Your health and financial stability are at stake, so you need a knowledgeable advocate on your side.
An experienced Texas car accident lawyer has handled many cases involving clients with pre-existing injuries. They understand how to build a strong case to prove the at-fault party is still responsible for all injuries and damages directly resulting from the collision. Protect your rights and do not leave your claim in the hands of someone looking out for the other side's interests. Seek counsel from a reputable law firm in your area that specializes in car accident cases. They can evaluate your unique situation, determine how prior injuries factor into your claim value and chances of success in court, and fight for maximum compensation on your behalf.
FAQs: Do I Need a Lawyer for My Car Accident if I Had Previous Injuries?
If you were injured in a car accident that was caused by another driver, their insurance company may try to deny or limit your claim by arguing that your injuries were pre-existing or unrelated to the collision. However, that does not mean you should forgo seeking compensation. Consulting with an experienced personal injury lawyer is recommended.
Your lawyer can determine what injuries were caused by the accident.
Even if you had a prior condition, the accident likely aggravated or exacerbated your injuries. Your lawyer will review your medical records to determine what injuries and treatment were directly caused by the crash. They can then build a strong case to prove the at-fault driver is liable for all injuries and expenses resulting from the accident.
Your settlement may cover pre-existing injuries.
In some cases, the at-fault driver may still be liable for aggravating a pre-existing injury or condition. Your lawyer will aim to secure compensation for any additional medical care required as well as pain and suffering. The settlement may also include funds for potential future medical expenses related to your injuries.
Your credibility and rights will be protected.
The insurance company may try to take advantage of your lack of legal knowledge and experience to limit their liability. Your lawyer knows how to handle insurance companies and will make sure your rights are protected. They can deal with the insurance company on your behalf so you can focus on recovering from your injuries.
In summary, consulting with an experienced lawyer after any car accident is advisable, especially if you have a history of medical issues. They can fully evaluate your claim, handle communications with insurance companies, and fight to maximize your settlement so you receive fair compensation for your injuries. While you may not end up going to court, having a lawyer on your side helps ensure your rights and credibility are protected during the claims process.
Conclusion
As you can see, pre-existing injuries can have a significant impact on your personal injury case and potential settlement. Being forthright about prior injuries and conditions from the start allows your attorney to make the strongest possible case on your behalf. Don't let fear about past injuries stop you from seeking compensation for current ones. With lawyers at Fletcher Law fighting for you, justice can still be served. The critical point is being open so your lawyer can craft an approach accounting for your unique situation. You deserve to be made whole, regardless of past medical history. Trust your attorney to navigate any complexities skillfully while keeping your best interests at heart.