Pre-Existing Injury Settlements: The Impact of Aggravation on Personal Injury Cases

July 24, 2024

Dealing with a personal injury claim is already challenging, but when a pre-existing condition is involved, it can become even more complex. Understanding how the aggravation of pre-existing conditions and pre-existing medical conditions impacts personal injury cases is crucial for anyone navigating the legal system after an injury. This blog will explore the nuances of pre-existing conditions, aggravated injuries, and their implications on personal injury claims.

What Is a Pre-Existing Condition?

A pre-existing condition refers to any health issue or injury that existed before the current incident or accident. These conditions can range from chronic illnesses like diabetes or arthritis to prior injuries such as a healed fracture or a previous back injury. Insurance companies and legal teams often scrutinize pre-existing conditions to determine how much of the current injury or suffering is attributable to the recent incident versus the previous condition.

What Are Aggravated Injuries?

Aggravated injuries occur when a new accident or incident exacerbates or worsens a pre-existing condition. For instance, if someone with a prior back injury is involved in a car accident that intensifies their back pain, this would be considered an aggravated injury. The key factor here is that the new event has made the pre-existing condition significantly worse. Victims with pre-existing conditions can sustain further injuries as a result of an accident, and the responsible party is liable for the entire harm caused, including the aggravation of the pre-existing injury.

Example of an Aggravated Injury

Consider an individual who has a history of knee problems but is otherwise managing well. If this person is injured in a car accident that severely impacts their knee, causing new damage and increased pain, the car accident is responsible for aggravating the pre-existing knee condition. This scenario highlights how an external event can exacerbate an existing medical issue, leading to more severe health consequences.

Can Pre-Existing Injuries Impact a Personal Injury Claim?

Yes, pre-existing injuries can significantly impact a personal injury claim. Insurance companies and defense attorneys often argue that the plaintiff’s current pain and suffering are due to their pre-existing condition rather than the accident in question. However, if the accident aggravated the pre-existing condition, the plaintiff is entitled to seek compensation for the exacerbated injury. Proving the extent of aggravation often requires detailed medical records and expert testimony.

Types of Pre-Existing Injuries or Conditions

Pre-existing conditions that commonly appear in personal injury cases include:

Chronic pain: Conditions like arthritis or fibromyalgia.
Previous fractures: Bones that have healed but remain susceptible to injury.
Back and neck injuries: Prior injuries to the spine or muscles.
Mental health issues: Conditions like PTSD or depression.

Aggravation of a Pre-Existing Condition Settlement:

What You Can Do If a Car Crash Aggravates a Pre-Existing Injury

If a car crash aggravates a pre-existing injury, it’s essential to:

Seek immediate medical attention: Document the aggravation and obtain a professional medical opinion.
Consult an experienced personal injury attorney: They can help navigate the complexities of your case and deal with insurance companies.
Gather all relevant medical records: Demonstrating how the accident worsened your pre-existing condition is crucial for your claim.

Determining Liability and the Impact of Pre-Existing Injuries in Your Claim

Liability, Causation, and Pre-Existing Injuries

Establishing liability in cases involving pre-existing injuries requires proving that the defendant’s actions directly caused the aggravation. This often involves:

Medical evidence: Demonstrating the condition prior to and following the accident.
Expert testimony: Clarifying the causation and impact of the accident on the pre-existing condition.

“Damages” and Your Pre-Existing Condition or Injury

Damages refer to the compensation sought for injuries and losses. In cases involving pre-existing conditions, calculating damages includes assessing:

Medical bills: Both pre-existing and new treatments.
Lost wages: Time off work due to aggravated injuries.
Pain and suffering: Increased discomfort and impact on quality of life.

Pre-Existing Injuries and “Pain and Suffering”

Pain and suffering claims can be complex when pre-existing conditions are involved. The court needs to determine how much of the plaintiff’s pain is due to the new injury versus the pre-existing condition. Medical expert testimony is crucial in these cases.

How a Pre-Existing Condition Could Affect a Settlement if You Have Neck or Back Injury

Pre-Existing Neck Injury Settlement

Neck injuries can be particularly tricky in personal injury claims. If you had a pre-existing neck condition that was aggravated by an accident, your settlement might be influenced by:

Severity of the new injury: How significantly the accident worsened your condition.
Medical treatment required: Any new or extended treatments needed.

Pre-Existing Back Injury Settlement

Similar to neck injuries, pre-existing back injuries require thorough documentation to ensure fair compensation. Factors include:

Extent of aggravation: The degree to which the accident worsened your back condition.
Impact on daily life: How the aggravated injury affects your ability to work and perform daily activities.

What Happens If Your Pre-Existing Injuries Make You More Likely to Be Injured Again?

The “Eggshell Plaintiff” Rule

The “eggshell plaintiff” rule is a legal doctrine that holds defendants liable for the plaintiff’s injuries, even if the plaintiff was more susceptible to injury due to a pre-existing condition. This means that if your pre-existing condition makes you more likely to be injured, the at-fault party is still responsible for the full extent of your injuries.

Should You Disclose Your Pre-Existing Injury in a Settlement?

Avoid Recorded Statements in Such Cases

It’s generally advisable to avoid giving recorded statements to insurance companies, as they may use your words against you. Consult with your attorney before providing any statements.

Avoid Signing a Medical Authorization Form

Insurance companies might request access to your medical history. Avoid signing such forms without consulting your attorney to protect your privacy and case integrity.

Filing a Personal Injury Claim with a Pre-Existing Condition

When filing a personal injury claim with a pre-existing condition, it’s crucial to:

Gather comprehensive medical records: Demonstrate the aggravation of your condition.
Consult a knowledgeable attorney: They can help build a strong case and navigate the legal complexities.

Further Considerations for Pre-Existing Conditions in Personal Injury Law

Navigating the complexities of personal injury law with a pre-existing medical condition can be daunting. Here are some further considerations:

Medical Evidence: Consistent and thorough documentation from healthcare providers can significantly strengthen your case. This includes detailed medical records that outline your pre-existing condition and the aggravation caused by the recent incident.
Expert Testimony: Medical experts can provide critical testimony that supports the claim that the new incident exacerbated your pre-existing condition.
Insurance Company Tactics: Be prepared for insurance companies to scrutinize your medical history closely. They may attempt to attribute most of your current suffering to your pre-existing condition. A skilled personal injury attorney can counter these tactics effectively.
Legal Precedents: Familiarize yourself with legal precedents in personal injury cases involving pre-existing conditions. Understanding how similar cases have been adjudicated can offer valuable insights into potential outcomes and strategies.

Hartley Law Can Provide Legal Help with Your Pre-Existing Injury Settlement

At Hartley Law, we understand the challenges of dealing with aggravated injuries and pre-existing conditions in personal injury cases. Our experienced personal injury attorneys are here to help you navigate the legal process and ensure you receive the compensation you deserve. We provide personalized attention to every case, ensuring that your unique circumstances are fully considered.

Whether you’re dealing with a pre-existing back injury aggravated by a car accident or any other pre-existing medical condition worsened by a new incident, our team has the expertise to help you. Contact us today for a free consultation to discuss your case and explore your legal options.

Learn more about our services and how we can assist you by visiting our pages on personal injury lawyers, car accident lawyers, truck accident lawyers, and motorcycle accident lawyers.

By following these steps and seeking professional legal guidance, you can better navigate the complexities of your personal injury claim, even with a pre-existing medical condition.