Car accidents can create life-changing consequences, particularly for individuals with pre-existing medical conditions. When an accident exacerbates a current injury or illness, it can complicate recovery and create questions about liability and compensation. If you are facing this situation, there may be available legal remedies that can help you pursue compensation.
What Are the Most Common Pre-Existing Conditions Affected by Car Accidents?
The most common pre-existing conditions affected by car accidents include back and neck injuries, arthritis, herniated discs, chronic pain disorders, and previous fractures. Conditions such as spinal issues, joint problems, and soft-tissue injuries are particularly vulnerable to aggravation. Even minor accidents can worsen symptoms, increase pain, or require additional treatment.
Can a Pre-Existing Condition Affect a Car Accident Claim?
Yes, but it does not automatically prevent compensation. The law generally allows recovery for injuries worsened by an accident, even if the underlying condition existed prior to the accident. Documentation of prior medical history and evidence linking the aggravation to the accident will influence the strength of the claim.
How Is Aggravation of a Pre-Existing Condition Proven?
Medical records and expert evaluations typically provide proof that a pre-existing condition was aggravated: Doctors compare prior health documentation with post-accident assessments to determine changes or increased severity. Objective evidence from imaging, treatment notes, and symptom progression plays a role in establishing this link.
Will Insurance Companies Pay for Pre-Existing Condition Aggravation?
Insurance carriers may attempt to limit payouts, arguing that the accident only partially caused the injury. Claimants can still pursue compensation if they demonstrate that the accident significantly worsened their condition. Negotiation or litigation may be necessary to achieve a settlement that fairly reflects the increased medical needs and impact on daily life.
Can Damages Be Reduced Because of a Pre-Existing Condition?
Yes, damages may be adjusted based on the pre-existing condition. Courts and insurers often apply the “eggshell plaintiff” principle, holding that an individual must be compensated for the full extent of harm caused by the accident, even if prior conditions make them more vulnerable. Proper documentation helps show the difference between pre-existing symptoms and new or aggravated injuries.
What Role Do Medical Records Play in These Cases?
Medical documentation provides a timeline of health prior to and after the accident, clarifying the extent of aggravation. When comprehensive and organized, these records allow legal representatives to distinguish accident-related injuries from pre-existing issues. Consistent reporting of symptoms, treatment history, and physician notes strengthens the evidence supporting these claims.
How Can Treatment Costs Be Recovered for Aggravated Conditions?
Claimants may recover costs for additional medical care needed when existing illnesses or injuries are aggravated by crashes. This includes therapy, surgeries, medications, and ongoing treatments directly tied to the accident. Clear documentation demonstrating that expenses exceed prior routine care is necessary to support claims for reimbursement or compensation.
Do Pre-Existing Conditions Affect Long-Term Compensation?
Pre-existing conditions can influence the calculation of long-term damages, such as lost income or diminished quality of life. If the accident significantly worsens the condition, compensation may include future medical expenses, ongoing therapy, and potential limitations on work capacity.
How Are Legal Claims Handled When Pre-Existing Conditions Are Involved?
These legal claims require careful presentation of medical evidence and documentation of changes caused by the accident. When working on these cases, our Monmouth County car accident lawyers analyze medical history, current treatment, and potential outcomes to develop compelling arguments. Courts recognize that pre-existing conditions do not negate responsibility but may require careful explanation to accurately assess damages.
Monmouth County Car Accident Lawyers at Kitrick, McWeeney & Wells, LLC Help Clients Fight for Fair Compensation
If you need guidance on claims involving pre-existing conditions aggravated by a car accident, contact our Monmouth County car accident lawyers at Kitrick, McWeeney & Wells, LLC. For a free consultation, call today at 732-920-8383 or contact us online. With office locations in Manasquan and Brick, New Jersey, we proudly serve clients across New Jersey.