Being involved in a car accident can be a life-altering event. For those who already have pre-existing medical conditions, it can also introduce a new set of challenges. If you've found yourself in this difficult situation, you may wonder whether you can file a claim to seek compensation for your worsened condition. The answer is often "yes," but as with many legal questions, the details matter.
To help you understand your rights and next steps, we’re breaking down how pre-existing conditions affect personal injury claims, what the law says, and why having an experienced attorney matters.
What Is a Pre-Existing Condition?
A pre-existing condition is any injury or health issue you had before the car accident. This could include a variety of ailments, such as:
- Chronic back pain or spinal issues
- Joint injuries, like a previous torn ACL or shoulder problem
- Degenerative conditions, such as arthritis
- Past surgeries, such as a neck fusion or hip replacement
The list is endless, and what matters is whether the accident worsened an existing issue or triggered symptoms related to a pre-existing injury.
The Eggshell Plaintiff Rule
One of the most important legal doctrines to know in these cases is the "eggshell plaintiff" rule. This means the person responsible for an accident must take their victim as they find them. Essentially, if someone's negligence caused your pre-existing condition to worsen, they can still be held liable—even if you were more "fragile" than the average person.
For example, imagine you had a history of lower back pain. After a rear-end collision, your condition escalated to the point of requiring surgery or ongoing physical therapy. Even though you had back issues before, the other driver could still be responsible for the additional harm caused by their negligence.
Filing a Claim for a Worsened Pre-Existing Condition
Here’s the good news: You can file a personal injury claim even if you had a pre-existing condition. However, proving your case may involve additional steps compared to someone with no medical history. Here are the key elements your claim will likely include:
1. Proving the Accident Worsened Your Condition
The crux of your claim will involve demonstrating that the car accident directly aggravated your pre-existing condition. Medical records play a critical role here. Detailed documentation from before and after the accident can highlight how your condition changed.
For instance:
- If you had manageable arthritis before but needed joint replacements afterward
- If you had mild migraines previously but now suffer severe, daily headaches
Your medical provider’s testimony and records will help link your current state to the accident.
2. Determining Causation and Liability
Next, your attorney will need to establish that the accident—not some other factor—is what worsened your condition. The negligent party (usually the at-fault driver) is legally responsible for causing harm, but they or their insurance company may push back. You’ll need strong evidence showing that the collision was the turning point for your health issues.
3. Seeking Fair Compensation
Once liability is established, your claim should account for all the damages caused by the worsened condition. This might include:
- Medical bills (e.g., surgeries, therapies, prescription medications)
- Lost wages if your condition keeps you from working
- Pain and suffering due to decreased quality of life
An experienced attorney will ensure your claim reflects the full scope of your losses.
Common Challenges in These Claims
Although your claim is valid, pursuing compensation for a worsened pre-existing condition isn’t always straightforward. Some challenges you might encounter include:
- Insurance Company Tactics: Insurers often argue that your issues existed before the accident and shouldn’t impact the claim. They might even request extensive medical histories to find something they can use against you.
- Complex Medical Evidence: Clearly establishing how the accident affected your condition can be tough without expert medical opinions.
- Bias Against Pre-Existing Conditions: There’s sometimes a bias in the legal system or with insurance adjusters that pre-existing conditions aren’t "serious enough" to warrant compensation. Skilled legal representation ensures these biases don’t derail your case.
Why Consulting an Attorney Is Essential
If you’re dealing with a complicated case like this, working with an experienced personal injury attorney is crucial. Here’s why:
- Building a Strong Case: An attorney will gather the evidence needed to prove the accident worsened your condition. This includes medical records, expert testimony, and accident reports.
- Negotiating with Insurers: Insurance companies prioritize their bottom line, not your well-being. An attorney knows how to push back against unfair settlement offers.
- Navigating Local Laws: While personal injury laws are similar across the U.S., there are nuances unique to New Jersey. A Woodbridge-based attorney will be familiar with local statutes, court procedures, and even the tendencies of local judges.
- Maximizing Compensation: A good attorney won’t just focus on medical bills. They’ll work to get you compensated for all damages, including pain, suffering, and lost earning capacity.
An Example From Real Life
Imagine this scenario:
Lisa from Woodbridge, NJ, had a history of mild neck pain from an old sports injury. One evening, her car was hit from behind at a traffic light, causing a significant whiplash injury. Her mild pain turned into chronic agony, requiring multiple medical appointments, physical therapy, and time off work.
By working with an attorney, Lisa could show that while the neck pain existed before, the accident made her condition significantly worse. She ultimately received compensation to cover her medical bills, lost income, and the emotional toll of living with chronic pain.
Steps to Take After an Accident
If a car accident worsened your pre-existing condition, here’s what you should do:
- Seek Immediate Medical Attention: Visit a doctor right away, even if you think your injuries are minor. This creates a clear record of your health post-accident.
- Keep a Pain Journal: Document how your symptoms evolve, including their impact on your daily life.
- Don’t Overshare with Insurers: Avoid giving detailed statements to insurance adjusters before speaking to an attorney.
- Contact a Personal Injury Lawyer: The sooner you have legal representation, the stronger your chances of getting fair compensation.
Car Accident Lawyers in Woodbridge, NJ
Reach out to Palmisano & Goodman, P.A. today, and empower your pursuit of justice with the comprehensive legal expertise suited to tackling complex cases involving pre-existing conditions. Contact us today at (732) 709-4400 to get started.