Car accidents can cause significant injuries and have long-lasting effects on a person’s health and well-being. The situation becomes more complex when a car accident occurs and the individuals involved have pre-existing injuries.
Pre-existing injuries refer to any medical conditions or injuries before the car accident.
This article will explore what happens after a car accident if there are pre-existing injuries, and how they can impact your claim. You’ll also learn the steps you can take, including hiring a Connecticut car accident lawyer, to protect your rights and to seek appropriate compensation.
Disclosing Pre-Existing Injuries
When filing a claim after a car accident, disclosing any pre-existing injuries to the insurance companies and the medical professionals treating you is crucial. Disclosing pre-existing injuries can harm your credibility and negatively impact your claim.
Aggravation of Pre-Existing Injuries
If a car accident aggravates or worsens pre-existing injuries, you may still be entitled to compensation. The at-fault party’s insurance company is responsible for the additional harm caused by the accident, known as the “aggravation of pre-existing injuries.”
It is essential to provide medical evidence that supports the aggravation of your pre-existing injuries to establish a direct link between the accident and worsening of your condition.
Challenges in Claiming Compensation
When dealing with pre-existing injuries, several challenges may arise in claiming compensation:
- Insurance Company Arguments: Insurance companies may try to minimize the value of your claim by arguing that your current injuries were not caused by the car accident but are a result of your pre-existing condition.
They may argue that the accident did not cause new injuries or worsen your pre-existing ones.
- Proving Causation: Proving causation is essential in a personal injury claim involving pre-existing injuries. You must demonstrate that the car accident directly caused the aggravation or worsening of your pre-existing condition.
This requires thorough medical documentation and expert testimony from healthcare professionals.
- Assessing Damages: Assessing damages in cases involving pre-existing injuries can be complex.
It involves determining the extent of the aggravation or exacerbation of your pre-existing condition and the associated medical expenses, pain and suffering, and other damages caused by the accident.
Building a Strong Case
To build a strong case when dealing with pre-existing injuries, consider the following steps:
- Medical Documentation: Seek immediate medical attention after the accident and provide a thorough medical history to your healthcare providers.
Ensure that your medical records document the pre-existing injuries, the exacerbation caused by the accident, and any new injuries sustained.
- Expert Medical Testimony: Obtain expert medical testimony from healthcare professionals familiar with your pre-existing condition.
They can provide an opinion on how the accident directly caused or worsened your injuries, establishing a clear link between the accident and your current condition.
- Keep Detailed Records: Maintain detailed records of all medical treatment, including doctor’s visits, diagnostic tests, medications, and therapy sessions. These records will help establish the extent of the aggravation of your pre-existing injuries and the associated medical expenses.
- Gather Witness Statements: If there were witnesses to the accident, collect their statements regarding the accident’s impact on your pre-existing injuries. Their testimony can validate the aggravation or exacerbation of your condition.
- Consult with an Experienced Attorney: It is highly recommended to consult with an experienced personal injury attorney who can navigate the complexities of your case.
An attorney will help protect your rights, gather evidence, negotiate with insurance companies, and advocate for the compensation you deserve.
Dealing with pre-existing injuries after a car accident complicates the personal injury claim process.
It is essential to disclose your pre-existing injuries, provide comprehensive medical documentation, and establish a clear link between the accident and the aggravation or worsening of your condition.
By following the steps outlined in this article and seeking the guidance of a skilled personal injury attorney, you can protect your rights, build a strong case, and pursue the compensation you deserve for your injuries and damages.