Can you still claim personal injury damages for an auto accident if you already had existing injuries?
California law states that a person who is injured in an accident caused by another party has the right to seek compensation for their injuries, regardless of any prior conditions. This means that if you were involved in a car accident and your current injury was aggravated or made worse, you may still have a valid claim for damages.
Car accidents are distressing events that can leave lasting physical and emotional scars. If you have a pre-existing injury, the impact of an auto accident can be even more severe. This article will guide you through filing a claim for pre-existing injury aggravated in a car accident in California.
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Defining Pre-existing Injuries: Types and Common Examples
Pre-existing injuries are medical conditions or injuries that existed before the current incident. These might range from chronic conditions to recent recoveries from past accidents. Here are some common examples:
- Fractures and Bone Injuries: A previously fractured bone, even if healed, can become more susceptible to further damage.
- Back and Spinal Issues: Conditions such as herniated discs or spinal stenosis can worsen with the impact of a car accident.
- Concussions and Brain Injuries: Prior concussions make individuals more vulnerable to additional brain injuries.
- Joint Disorders: Osteoarthritis or previous joint surgeries can lead to significant complications if aggravated.
- Nerve Disorders: Pre-existing nerve issues can become more painful and debilitating after an accident.
Understanding the nature of your pre-existing injury is crucial when filing a claim because it provides the foundation for demonstrating how the accident exacerbated your condition.
Pre-Existing Injury Aggravated in a Car Accident: Medical and Legal Perspectives
From a medical standpoint, the trauma from a car accident can significantly worsen current injuries. For example:
- Bone Injuries: The impact can cause re-fracturing or misalignment of previously healed bones.
- Spinal Issues: Whiplash or direct impact can further displace herniated discs or exacerbate spinal stenosis.
- Brain Injuries: Repeated concussions can lead to more severe cognitive and neurological deficits.
- Joint Injuries: The force exerted during a crash can intensify pain and inflammation in arthritic joints.
- Mental and Emotional Injuries: Pre-existing mental health conditions can be triggered or worsened by the stress and trauma of a car accident.
Proving the case for personal injury with a pre-existing condition involves comprehensive documentation, including:
- Medical Records: Detailed documentation from healthcare providers describing your pre-existing condition and the extent of aggravation caused by the accident.
- Expert Testimony: Medical experts can provide professional opinions on how the accident impacted your pre-existing injuries.
- Personal Testimony: Your own account and that of witnesses can further corroborate the severity and impact of the accident on your condition.
Eggshell Doctrine: File a Personal Injury Claim for a Pre-existing Injury Aggravated in a Car Accident
Absolutely, you can file a claim for personal injury with a pre-existing condition.
In California, the Eggshell doctrine or eggshell skull rule plays a major role in protecting personal injury victims. This legal principle asserts that defendants are liable for the full extent of the victim’s injuries, even if the victim had a pre-existing condition that made them more susceptible to injury.
The key points of the Eggshell doctrine include:
- Full Compensation: Victims are entitled to full compensation for the aggravation of their pre-existing injuries.
- No Discrimination: The law does not discriminate against victims based on their prior health conditions.
- Liability: The at-fault party is responsible for the exacerbation of the injury, irrespective of the victim’s prior frailty.
Legal counsel is essential in handling claims for a pre-existing injury aggravated in a car accident to ensure that you receive the compensation you deserve.
Steps to Take After a Car Accident Involving a Pre-existing Injury
- Seek Medical Attention: Always prioritize your health. Obtain medical treatment promptly and ensure that your healthcare provider documents the aggravation of your pre-existing injury.
- Document Everything: Keep detailed records of your treatments, medical bills, and any changes in your condition.
- Consult a Personal Injury Attorney: Engaging with an experienced car accident lawyer in California can help you get through all the steps to validate your claim. Do not give any statements to insurance adjusters before talking to your lawyer.
- Notify the At-Fault Party’s Insurance Company: With your attorney’s guidance, report the accident and your injuries to the insurance company without delay.
- Follow Medical Advice: Adhere to your healthcare provider’s recommendations and attend all follow-up appointments.
These steps not only safeguard your health but also strengthen your case when seeking compensation.
Why You Need a Personal Injury Lawyer After a Car Crash
Professional legal advice is invaluable when dealing with personal injury claims involving pre-existing conditions. Here’s why:
- Expertise: An experienced injury lawyer understands California personal injury law and can effectively advocate for your rights.
- Documentation: Legal professionals can help gather and organize the necessary documentation to prove negligence and support your claim.
- Negotiation: Attorneys are skilled negotiators who can engage with insurance companies to secure fair compensation.
- Representation: In the event of a lawsuit, having a lawyer by your side ensures that your case is presented effectively in court.
When selecting an attorney, consider their experience, reputation, and approach to client care. Look for testimonials from previous clients to gauge their effectiveness and reliability.
Yes, You Can Still Claim Damages for a Pre-Existing Condition Aggravated By a Car Crash. Contact Us for a Free Consultation.
An auto accident CAN aggravate a pre-existing condition. Understanding your rights and the steps to take after a collision can empower you to seek the money you deserve.
The journey may be challenging, but with the right support, you can settle your personal injury case in your favor. RTM Law Firm is your best ally in these tricky times.
We want to hear your story. Our team is ready to provide the support and expertise necessary to help you achieve max compensation for your suffering. We don’t charge any fees until we win.
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