Pre-Existing Conditions Aggravated by a Car Accident
Determining whether you have claims for injuries or losses resulting from a car accident that involves pre-existing injuries is a complicated process. Not only may insurance companies try to claim that some or all your injuries and conditions were pre-existing, but you will also need to show evidence that your pre-existing condition has been made worse as a direct result of the accident that wasn’t your fault.
When insurance companies are treating you unfairly or refusing to believe that the accident worsened your existing hardships, consider reaching out to our Minnesota car accident injury lawyers. This type of case requires a full investigation of the circumstances that led to the injury accident. You need medical experts who will testify that your conditions clearly worsened because of the accident. The experience of our attorneys is invaluable in a case like this, as we understand how to put together the facts of the case that prove your claim and attempt to maximize your financial award related to the injuries.
Learn more about what goes into filing an injury lawsuit for an accident that aggravated your pre-existing health conditions.
Pre-Existing Condition Definition and the Eggshell Skull Rule
A pre-existing condition is any medical condition that you had before an accident occurs. Do not be discouraged if you have been in an accident and have a pre-existing condition. You may still be entitled to justice and compensation, especially if your pre-existing condition was aggravated by the car accident.
The Eggshell Skull Rule
One important rule of law in personal injury claims is called the “eggshell skull rule.” According to the Legal Information Institute, the eggshell skull rule, also called the “thin skull rule”, states that the condition of victims (or how frail they are) is not a valid defense against a personal injury claim. This means that if you have a pre-existing condition that was aggravated by a car accident and another party was deemed to be at fault, that party would not be able to claim as a defense that your pre-existing condition made you more likely to be injured. This also means that a defendant is potentially liable for all damages arising from an accident, even though they have no prior knowledge of your pre-existing condition.
What Damages Are Available to You?
You cannot pursue damages for pre-existing conditions or other conditions not affected by an accident. However, if you were in an accident and your pre-existing conditions were aggravated by that accident, then you may be able to pursue damages. The financial damages you could receive for your aggravated injuries are similar to what you could receive with any personal injury lawsuit damages, including:
- Additional medical treatment was needed because of the accident
- Wages lost due to being unable to work and disability
- Emotional pain and suffering
- Damages related to the loss of the ability to enjoy life.
To try to secure damages for a pre-existing condition aggravated by a car accident, you will need to show that your pre-existing condition was made worse or that your recovery was disrupted due to the accident. You will not be able to recover costs for any treatment that you might have otherwise needed had the accident not occurred. However, any new treatments or medical costs you need because of the accident (that you originally would not have needed) may qualify.
Winning these claims is easier by keeping thorough medical records from before and after the accident. If you can obtain the opinions of doctors who regularly see you and who can confirm that your pre-existing condition was aggravated by the accident, that would make your case stronger as well.
How Pre-Existing Conditions Affect Settlements
Whether you are successful in a personal injury claim that involves a pre-existing condition that has been aggravated by an accident depends on many factors. The facts of the case and how the crash occurred will be important in determining fault. In addition, your injuries both before and after the crash (i.e., the severity, recovery times, and treatments) will be scrutinized heavily.
What About New Injuries I Suffered in the Accident?
If you have both an aggravation of your pre-existing injuries and some new injuries after the accident, you can seek damages for the new injuries, too. This situation almost ends up working like two separate injury claims. When representing you, our personal injury attorneys must prove that your new injuries relate to the accident. We can then show what types of losses you have from those new injuries. We separately must find evidence that the accident aggravated your existing injuries and created additional losses for you.
Such cases can be highly complex. It’s difficult for you to deal with the insurance company on your own when you need to show how the accident affected your health in two different ways. Insurers will try to make things as complicated as possible for you, meaning you might need the help of our accident injury lawyers to deal with the insurance company’s red tape. Our team takes over the legal aspects of your case, dealing with the insurer for you. This gives you the time you need to heal from your new injuries and any worsened pre-existing ones.
Call Tyroler Leonard Injury Law for Help with Your Injury Claim
Trying to recover from surgery, a health scare, or a recent injury accident can be stressful on its own. However, if you suffer injuries in another accident soon after, you might find that the progress you’ve made in your recovery so far is erased quickly. Having to start over in your recovery because someone else behaved negligently and caused an accident that aggravated your pre-existing condition is incredibly frustrating.
The situation becomes even more frustrating when the insurance company refuses to acknowledge that your condition became worse because of the accident that was someone else’s fault. You need an advocate on your side who can collect evidence that shows a separation between any new injuries you have and the hardships you are now facing because of a worsening of your pre-existing injuries.
Our Minnesota personal injury attorneys can help determine what your options are and whether you have a viable personal injury claim for a pre-existing condition aggravated by a car accident. Contact Tyroler Leonard Injury Law today at (651) 259-1113 to learn more and ensure you get the justice you deserve.
Attorney Rachel Sperling Leonard
A partner of Tyroler Leonard Injury Law, Ms. Sperling Leonard practices exclusively in personal injury and wrongful death claims. Specifically, she specializes in car accidents, motorcycle accidents, boating accidents, dog bites, dog attacks, slip and falls, trip and falls, sexual assaults/abuse and other assaults. Some representative cases of Ms. Sperling Leonard’s in the last few years include: a $1 million settlement for an individual injured in a car crash, a $750,000.00 for a man injured when he slipped and fell, a $455,000.00 settlement for an individual injured after falling, and multiple $250,000.00 settlements for individuals injured in motorcycle and auto accidents, among many others. She frequently turns insurance company denials into fair-value offers.
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