What to Do if a Car Accident Made a Pre-Existing Injury Worse
If your recent car accident has worsened a pre-existing injury, you’re facing a complex but manageable legal situation. Many accident victims worry that having a previous injury diminishes their right to compensation—this is not the case. The Ammons Law Firm has successfully represented numerous clients whose accidents exacerbated existing conditions, helping them secure the compensation needed for additional medical care and lifestyle adjustments. While every case is unique, understanding the proper steps to take after an accident can significantly strengthen your position.
Immediate Medical Response: Documenting the Aggravation
When a car accident worsens an existing injury, obtaining proper medical care becomes both a health priority and a crucial legal step. Visit a healthcare provider as soon as possible after the accident, ideally within 72 hours, even if you believe your symptoms are just a temporary flare-up. According to the Journal of Orthopedic Research, delayed medical attention can not only compromise recovery outcomes but also complicate the process of linking new symptoms to the recent accident.
When meeting with your doctor, be forthcoming about your medical history and previous injury. Provide a comprehensive account of your pre-accident condition, including:
- Your typical pain levels and limitations before the collision
- Specific treatments or accommodations you were using to manage the condition
- Activities you could perform despite your injury
- Current pain levels, new limitations, and changes in symptoms since the accident
Request thorough documentation comparing your pre-accident and post-accident condition. This medical evidence creates an essential foundation for your legal claim by establishing a clear connection between the accident and the deterioration of your condition. Maintain consistent follow-up appointments and adhere to all recommended treatments, as gaps in care can be used by insurance companies to question the severity of your aggravated injury.
Understanding the “Eggshell Plaintiff” Rule: Your Legal Protection
A common concern among accident victims with pre-existing conditions is whether their prior injuries will reduce their ability to recover damages. Fortunately, a well-established legal doctrine known as the “eggshell plaintiff” rule protects individuals in precisely this situation. This principle holds that negligent parties must take their victims as they find them—meaning the at-fault driver is responsible for all harm caused, even if your unique physical condition made you more susceptible to injury than the average person.
The “eggshell plaintiff” rule has profound implications for your case. It means that even if someone without your pre-existing condition would have suffered minor or no injuries in the same accident, the responsible party remains liable for the full extent of harm caused to you specifically. Harvard Law Review research on personal injury precedents confirms that courts consistently uphold this doctrine to protect vulnerable plaintiffs from having their compensation reduced due to pre-existing conditions.
Our car accident attorneys understand how to effectively apply this legal principle to strengthen your claim. We work with medical experts who can clearly differentiate between your baseline condition and the accident-related aggravation, ensuring that insurance companies and juries understand the full impact the collision has had on your health and daily functioning.
Navigating Insurance Challenges: Protecting Your Claim
Insurance companies routinely employ tactics designed to minimize compensation for accident victims with pre-existing conditions. Claims adjusters may assert that your symptoms stem entirely from your previous injury rather than the recent accident. They often request extensive medical records from before the accident, hoping to find evidence that your current complaints existed prior to the collision and therefore shouldn’t be compensated.
When dealing with insurance representatives, maintain these crucial boundaries:
- Never provide recorded statements without consulting an attorney
- Do not sign medical authorization forms that grant unlimited access to your entire medical history
- Avoid discussing your medical history in detail until you have legal representation
- Do not accept initial settlement offers, which typically undervalue aggravation claims
Transparency about your medical history is essential, but this information should be presented strategically within the proper context. Our personal injury attorneys have extensive experience countering insurance company tactics that attempt to use pre-existing conditions against claimants. We ensure that all relevant medical information is presented accurately while emphasizing the significant changes that occurred as a direct result of the accident.
For cases involving serious injuries, we often collaborate with medical experts who can provide professional opinions regarding the extent of aggravation caused by the accident. These expert testimonies help quantify the additional medical expenses, lost income, and pain and suffering attributable specifically to the accident rather than your pre-existing condition.
Documenting Your Aggravated Injury: Building a Strong Case
Creating comprehensive documentation is essential when pursuing compensation for an aggravated injury. Beyond medical records, several types of evidence can substantially strengthen your claim by illustrating the contrast between your pre-accident and post-accident condition.
Maintain a detailed daily journal documenting:
- Pain levels and specific locations of discomfort
- New limitations in performing routine activities
- Medication usage and effectiveness
- Physical therapy experiences and progress
- Mental and emotional impacts of your worsened condition
Gather statements from family members, friends, or colleagues who can attest to observable changes in your physical capabilities since the accident. These witness accounts often provide compelling evidence regarding how the aggravation has affected your daily life and relationships.
If applicable, obtain employment records showing changes in work capacity, accommodations required, or missed days following the accident. For severe cases, our attorneys focused on severe injury claims may recommend working with economic experts who can calculate the long-term financial impact of your aggravated condition, particularly if it affects your earning capacity or necessitates ongoing medical treatment.
Each piece of documentation serves to create a clear timeline demonstrating that while you had a pre-existing condition, the accident caused a significant and compensable worsening of that condition. This comprehensive approach helps overcome the common defense strategy of attributing all symptoms to your previous medical history.
Contact The Ammons Law Firm for a Free Consultation
If you’ve experienced an aggravation of a pre-existing injury following a car accident, contact The Ammons Law Firm today for a free consultation. Our experienced legal team will evaluate the specific circumstances of your case, explain your options, and help you pursue fair compensation for the worsening of your condition.
Don’t allow insurance companies to minimize your suffering simply because you had a pre-existing condition. With proper legal representation, you can effectively advocate for your right to compensation that addresses the full impact of the accident on your health and well-being.
