If you were injured in a car accident due to someone else’s negligence and already had prior injuries or preexisting conditions, you may be worried about pursuing compensation for the new injuries sustained in the collision. The at-fault driver’s insurance company might try to use your previous conditions against you to avoid compensating you for your injuries and financial losses. Fortunately, Georgia law allows you to recover compensation if you prove that the accident worsened your condition.
The days and weeks following a car accident can be extremely stressful. Having to explain your medical history to multiple people may feel even more overwhelming, especially when you haven’t even seen what long-term effects the accident may cause. Brauns Law Accident Injury Lawyers, PC helps clients with preexisting injuries recover compensation for their new or worsened injuries regularly. Our car accident lawyers take the time to understand the details of your situation and build a strong case as we pursue full and fair compensation on your behalf.
Common Preexisting Injuries or Conditions
A car accident can make many preexisting conditions worse, and certain conditions could make it more likely that a person will suffer more severe injuries during a car accident.
Some common examples of prior injuries include:
- Arthritis – A car accident can cause inflammation or injury in additional joints or worsen the severity of joint pain.
- Osteoporosis – Brittle bones break more easily, so someone with osteoporosis may be at risk for multiple broken bones during a car accident that would not occur otherwise.
- Degenerative conditions – Degenerative disc disease is one of several degenerative conditions that can lead to more severe injuries from a car accident.
- Neck or back injury – If these areas were previously injured, you might be susceptible to additional injury from a car accident.
- Torn muscles or ligaments – If you were healing from this type of injury, a car accident may cause additional tearing and prolong healing time.
It is important to remember that just because a person is “more fragile” before a car accident does not change their eligibility for compensation. As long as you can prove that the accident caused more pain, required more medical treatment, or left you with a lower quality of life than before, you may have a case.
Working With Your Medical Provider
Your medical records will be one of the most important pieces of evidence in proving changes to your condition. If you had known prior injuries or other conditions, regardless of severity, your medical records should clearly document your symptoms and the treatment you were receiving. If the pain increased following the accident, or your doctor had to intensify the treatment to manage your symptoms, this could be proof that the accident made things worse.
It is possible that some people have a preexisting condition, such as worn discs in the back, that they were unaware of until it shows up on X-rays following a car accident. A doctor might determine that this disc damage occurred over time rather than immediately following the accident, but if you have new pain or symptoms, this could prove that the accident exacerbated your condition.
It is important to disclose all of your preexisting injuries to the doctor. If you fail to do this and investigators later discover you had previously sustained similar injuries, it may greatly affect your credibility. An auto accident attorney can help you ensure that the medical details paint an accurate picture of what really happened.
Exacerbation vs. Aggravation of Prior Injuries
Exacerbation is a temporary worsening of your prior injuries. After you heal, you will return to your baseline level of pain and continue with activities you could complete before the accident. Aggravation involves permanent damage that will prevent you from fully healing from your preexisting conditions. You may need additional medications to manage your injuries and/or increased pain, and your activities and lifestyle may change permanently.
Proving Your Case
Here are a few tips to help you prove your case with prior injuries:
- Wait to provide a recorded statement – Avoid giving details of your accident or injuries to insurance companies until after you have spoken with an attorney. If you mention a preexisting condition, they may be able to use that against you to claim that the recent accident did not affect your existing injury. An attorney can help you communicate the facts clearly and accurately.
- Keep doctor’s appointments – Visit a doctor as soon as you can after an accident, even if your injuries seem minor. Return for all follow-up appointments as scheduled. This will allow your doctor to assess and treat symptoms right away, which may improve your recovery, but it also creates an important paper trail with medical records.
- Record how your injury affects your life – Keeping a calendar or journal showing missed activities and times you needed help from others to perform certain tasks can help prove that the injury has impacted your life. It may be hard to see changes on an X-ray or have other medical proof, but the impact of your symptoms on your lifestyle is also compelling evidence.
Most importantly, remember that you don’t have to go through this on your own. A skilled attorney can support you through the entire process.
Contact Brauns Law Accident Injury Lawyers, PC Today
Filing a personal injury claim when you have preexisting conditions or prior injuries may leave you feeling uncertain and overwhelmed. At Brauns Law Accident Injury Lawyers, PC in Gwinnett County, GA we will treat you like family and help you feel comfortable as you begin the legal process. Our goal is to provide you with excellent customer service to not only help you pursue the compensation you need but to do so quickly and efficiently.
Attorney David Brauns previously worked as an insurance defense attorney, which gives him unique insight into how the other side will approach your case. Don’t trust your injury claim with just any lawyer. Turn to a personal injury attorney with the right skills, knowledge, and resources to make a difference for you.
Contact us by phone or online today for a free consultation.
