Does a Pre-Existing Condition Ruin My Car Accident Case?
Millions of people every year suffer serious injuries from car accidents. However, that statistic still fails to convey the dangers posed by car crashes. You see, many people with pre-existing conditions also suffer greatly following their involvement in vehicular accidents. Unfortunately, along with sustaining new injuries, their pre-existing conditions may also get significantly worse.
Get in touch with a car accident lawyer immediately if a recent incident aggravated your pre-existing condition. Hold the negligent motorist accountable for the real harm they caused you.
What Is a Pre-Existing Condition?
The term “pre-existing condition” is likely something you are familiar with if you have health insurance. In the context of health insurance, a pre-existing condition is a health issue you had before your new coverage kicks in. Pre-existing conditions take on a slightly different meaning within the context of car accident cases. If you hear a personal injury lawyer bring up a pre-existing condition, they are likely referring to an individual’s health problem prior to their involvement in an auto accident.
The topic of pre-existing conditions is contentious in the legal world because cases can be won or lost based on them. For example, if a defendant successfully argues that a plaintiff’s current health issues have nothing to do with the accident and are instead related to their pre-existing condition, then they may avoid responsibility.
Examples of Previous Medical Conditions Which a Car Accident Could Aggravate
Different types of injuries could get significantly worse following a car accident. Learn more about those injuries and how they may develop following a traumatic event so you and your car accident lawyer can make a better argument.
A pre-existing back condition is a prime example of an injury that can get significantly worse following a car accident. Rear-end car accidents are notorious for the damage they can do to injured backs. Due to the accident, an injury that previously only caused discomfort may now render you immobile. Your car wreck lawyer can ensure that they hold the defendant responsible for making your injury worse.
Many people develop neck injuries due to their bad habits and poor posture. Regardless of how you got your neck injury, a negligent driver should be held accountable for aggravating it. Prove that the condition of your neck has deteriorated significantly after your car accident in Baltimore so you can claim compensation.
Spinal Cord Injuries
People may sustain spinal cord injuries from bad falls, participating in contact sports, and even contracting certain diseases. Spinal cord injuries are especially troubling because they can cause paralysis when they get worse. Hire an auto accident lawyer to prove that your spinal cord injury reached the point where it is now only after you were involved in a car crash.
Traumatic Brain Injuries
Do not forget that traumatic brain injuries such as concussions may also worsen following car accidents. For example, a previously mild concussion may suddenly start presenting more severe symptoms in the aftermath of that incident. In addition, your anxiety and depression may also be worse than before because of what happened.
Traumatic brain injuries can severely affect a person’s quality of life. If your brain injury got worse due to the actions of a negligent or reckless driver, you and your attorney need to take legal action right away.
Did a Car Crash Worsen a Pre-Existing Condition?
You know your body better than anyone. After years of living with your back or neck injury, you already know what to expect. Dealing with it has become second nature to you because it has been a constant presence in your life. Because of how long you have lived with that injury, you can also quickly tell if it is worse. Do not doubt your experience now. If your injury feels significantly worse after your involvement in a car accident, you are not out of line for thinking a connection exists between the two.
Get in touch with a car accident injury attorney the moment your pre-existing condition starts to feel worse. You may need additional treatment for your deteriorating condition, so securing compensation as soon as possible is a must.
How to Prove a Pre-Existing Condition Became Aggravated
There is no doubt in your mind that your pre-existing condition got worse after the car accident. So, what should you do next? How do you prove that you deserve compensation if your complaint is related to a pre-existing condition? For starters, you need to be honest with your car injury attorney. Do not try to hide your pre-existing condition because doing so will only make things more complicated. If your condition comes up over the course of an investigation, you will only look worse for trying to hide it initially.
It is better to discuss that topic openly with your Baltimore personal injury lawyer so you can develop a better strategy. Next, you also need to get in touch with your doctor. Hopefully, the doctor you saw following your accident in Towson is the same one who has been checking your condition for a long time. If that is the case, you will have an easier time putting together a strong argument.
Ask for your medical records because you will need them. Your goal now is to let your medical records do the talking. Use your records to illustrate that your previously manageable pre-existing condition became a larger issue following the accident. Those records will be hard to dispute so use them to put the defendant in a compromised position.
After getting a better look at your condition and your case, the defendant may decide that settling is in their best interest.
Maryland’s “Eggshell Skull Doctrine”
Maryland’s eggshell skull doctrine could end up playing a significant role in your personal injury case. This doctrine holds a defendant liable for a plaintiff’s injuries even if the latter presented an unforeseeable or uncommon reaction to the former’s negligent action. To put it another way, a defendant cannot escape liability even if the negligent action they committed is not something that would typically cause an injury.
For example, your leg may have broken after a car bumped you while you were using a crosswalk. The car was not moving especially fast, but your leg still broke because you have a condition that made you more susceptible to that kind of injury. In that scenario, the driver must still cover your injuries. It does not matter if most people would have emerged from that incident with only small cuts and bruises. Because you broke your leg, the driver must answer for that.
Can I Recover Compensation for a Previous Medical Condition?
Recouping compensation is possible if the accident caused by a negligent or reckless car driver exacerbated your pre-existing condition. However, pursuing compensation is not an option if you are simply trying to get compensation for that health issue. You already had that condition, and it did not get worse, so the driver does not need to cover it.
Do note that the driver can still be held accountable for any new injuries they cause. Remember that as you discuss your options with your Baltimore car accident lawyer.
Car Accident Lawyer in Baltimore
John Leppler’s Baltimore injury law firm is committed to helping all car accident victims claim the compensation they deserve. Even if your lawsuit is based on a pre-existing condition, you can count on John to build a solid case on your side. Reach out to us at Leppler Injury Law if you need John’s expertise.