Plaintiffs with pre-existing medical conditions face considerable challenges when pursuing compensation for car accident-related injuries. Insurance companies and courts evaluate how these conditions relate to the collision, and can delay or deny settlements. Our legal team has experience with these cases and works to pursue justice for clients in these situations.
How Do Pre-Existing Injuries Influence a Settlement?
When a person with a prior injury files a claim after a car accident, insurance companies often scrutinize the case to determine the extent to which the collision caused or worsened the condition.
A pre-existing injury does not automatically disqualify someone from receiving compensation. However, the claimant must demonstrate that the accident aggravated the prior condition or caused new harm. For example, if an individual had a back injury from a previous incident, they would need to show that the car accident intensified the pain or led to additional medical issues.
What Evidence Is Needed to Prove Aggravation of a Pre-Existing Condition?
Proving that a car accident worsened a pre-existing condition requires comprehensive medical evidence.
- Claimants should provide detailed records from before and after the collision, including doctor visits, imaging studies, and treatment plans.
- A medical professional’s opinion that clearly links the accident to an increase in symptoms or new limitations can strengthen the case.
- Testimony from physical therapists or other healthcare providers may further support the claim.
In essence, consistent and accurate documentation helps establish a timeline that distinguishes pre-existing symptoms from those caused or exacerbated by the collision.
Can I Receive Compensation for a Pre-Existing Injury?
Compensation for a pre-existing injury is possible, but it typically covers only the portion of harm directly related to the accident. Courts and insurance companies follow the “eggshell plaintiff” principle, which holds that a defendant is responsible for the full extent of injuries caused by their actions, even if the claimant had a pre-existing condition that made them more susceptible to harm.
However, the settlement amount may be reduced if the insurance company successfully argues that some of the damages predate the accident. Again, clear medical evidence is necessary to maximize the compensation awarded.
How Do Insurance Companies Evaluate Pre-Existing Injuries?
Insurance companies approach claims involving pre-existing injuries with caution, often hoping to minimize payouts. Adjusters review medical histories to assess whether the claimed injuries existed before the accident; they may request access to years of medical records to identify any prior treatments or diagnoses related to the condition. If the records indicate ongoing issues, the insurer may assert that the accident did not cause the current symptoms.
To counter this, claimants should work with their healthcare providers to document how the collision altered their condition, such as increased pain or reduced function. Transparency about prior injuries is important, as withholding this information can weaken the claim if discovered by the insurer.
What Steps Should I Take After an Accident With a Pre-Existing Injury?
After a car accident, prioritize swift medical attention and thorough documentation. You will want a physician’s immediate assessment of how the collision affected the prior condition. Be honest with healthcare providers about past injuries to encourage accurate records.
Additionally, keep a detailed account of symptoms, treatments, and limitations post-accident to strengthen the claim. If you missed work because of the new injury, keep records of that as well. We also recommend saving receipts related to your treatment, including physician visits and medications. Our Chester County legal team can help you gather evidence, communicate with insurers, and present a compelling case to demonstrate the accident’s impact on their health.
Seek Legal Guidance From a Chester County Car Accident Lawyer at Eckell Sparks
Managing a car accident claim with a pre-existing injury requires careful attention to medical and legal details. The Chester County car accident lawyers at Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. have extensive experience with these cases and can explain your options. To learn more, call 610-565-3700 or complete our online form. Located in Media and West Chester, Pennsylvania, we serve clients in Delaware County, Chester County, and Montgomery County.