If I Have a Pre-Existing Injury, Do I Still Have an Injury Claim After an Auto Accident? 🤔
If you have been injured in an auto accident but had a pre-existing condition, you may be wondering whether you can still file a personal injury claim. The short answer is yes. A pre-existing injury does not disqualifying you from pursuing compensation, but it can complicate your case. Here is what you need to know about how pre-existing injuries impact auto accident claims in Tennessee and Michigan.
How a Pre-Existing Injury Affects Your Auto Accident Claim
Insurance companies often try to use pre-existing injuries against accident victims to minimize their payouts. However under the “eggshell plaintiff” doctrine, a negligent driver is still responsible for the harm they cause — even if the victim was more susceptible to injury due to a prior condition. If your accident worsened an existing injury, you have a right to seek compensation for the aggravation of that condition.
Proving That the Accident Worsened Your Pre-Existing Condition
To successfully claim damages for an aggravated pre-existing injury, you must demonstrate that the accident caused a measurable worsening of your condition. Evidence that can help strengthen your case includes:
Medical Records Before and After the Accident - showing a clear difference in your condition before and after the crash.
Doctor’s Statements - A medical expert can confirm that the accident directly impacted your prior injury.
Diagnostic Tests - Imaging scans such as X-rays or MRIs can provide objective proof of worsening conditions.
Testimony from Family, Friends, or Coworkers - These statements can illustrate changes in your daily life and physical abilities following the accident.
Common Pre-Existing Injuries That May Be Affected By an Auto Accident
Certain medical conditions are more prone to aggravation in a crash. Common pre-existing injuries that may be worsened by an auto accident include:
Back and Neck Injuries - Whiplash or spinal injuries may become significantly more painful or debilitating.
Herniated Discs - A minor issue before the accident could worsen into a severe problem requiring surgery.
Arthritis or Joint Problems - The trauma of an accident can increase pain and limit mobility.
Prior Fractures or Surgeries - Areas that have been previously been broken or operated on may be more vulnerable to re-injury.
Dealing with Insurance Companies
Insurance companies may argue that your injuries were pre-existing and unrelated to the crash. This is why working with an experienced auto accident attorney is crucial. A skilled lawyer can:
Gather the necessary medical evidence to prove your claim.
Negotiate with insurance adjusters to maximize your settlement.
Protect you from unfair tactics designed to minimize your compensation.
Contact an Experienced Auto Accident Attorney in Tennessee or Michigan
If you were injured in a car accident and had a pre-existing condition, do not let the insurance company deny your rightful compensation. At Cotter Law, we have extensive experience handling auto accident claims in Tennessee and Michigan, including cases involving pre-existing injuries. We understand how to build a strong case and fight for the compensation you deserve.
Contact us today for a free consultation to discuss your case and learn about your legal options. We are here to help you navigate the claims and process and secure the best possible outcome for your injury claims.
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