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What Happens If a Preexisting Condition Becomes Worse After a Car Crash?

Published on Jan 30, 2020 at 3:27 pm in Auto Safety.

Black and white stethoscope

After a car crash, you have the right to seek compensation for your injuries. But what if you had other health issues before the crash? In some cases, an insurance company may try to use this information against you and say that your injuries weren’t caused by the car accident—they were the result of your pre-existing condition, and therefore you’re eligible for much less compensation. The best way to protect your rights and to get the compensation you deserve is having legal representation from Solomon Law Group. Our car accident lawyer will fight for you and show that you deserve compensation for your injuries.

When someone else was at fault for the accident, your lawyer will take steps to show that they are liable and their actions are what caused your injuries. While insurance adjusters may try to reduce your compensation, our lawyers won’t let that happen. We’ll take the necessary steps to establish how the accident harmed you and the losses you’ve suffered because of it.

Car Accident Victims May Have Pre-Existing Conditions

You may feel like you’re facing an uphill battle when you’re filing your car accident claim because you have a pre-existing condition, but it’s important to realize that many people go through this. It’s common to think people who have been in car accidents were completely healthy at the time of their crash, but having a pre-existing condition is normal. It would also be unfair for everyone with a pre-existing condition to be excluded from receiving fair compensation for their injuries just because of their health status when someone else was responsible for the crash. Our lawyers in Columbia will make sure to hold the other party liable for their actions.

We’ve helped clients with pre-existing conditions who have been injured in car accidents. Sometimes, there are conditions that can be made worse because of an accident. Here are some common examples of conditions that can worsen in a crash:

  • Head/Brain Trauma. When a person who already has a concussion is in a car accident, another brain injury can cause serious health complications.
  • Back/Spinal Injuries. Herniated discs, degenerative disc disease, and strains can worsen in a traffic wreck.
  • Broken Bones. If a person is currently in the process of healing a broken bone, an auto accident can cause another break or stall the healing process.

There are many other types of pre-existing conditions that a car wreck can aggravate. If you suffer from arthritis, fibromyalgia, or have a hernia, an auto accident may make these conditions worse. You may not see your pre-existing condition above, but you should still contact a personal injury lawyer to protect your rights after a crash. Each case is unique, and we understand that there will be specific circumstances with each client.

You may be wondering about how you’re protected in a car accident that wasn’t your fault. Let’s review the eggshell skull rule and how it may apply to your case.

What Is the Eggshell Skull Rule?

According to Cornell, the Eggshell Skull Rule is a doctrine that states a defendant is liable for the plaintiff’s unforeseeable reactions to the defendant’s negligence. The rule can also be referred to as “take your victim as you find them,” which means the victim’s health conditions are unknown before the accident, but the defendant’s negligence still caused injuries and damages. Think of it like this: if someone has a skull that’s as delicate as an eggshell, any accident to them could cause serious injuries. While the defendant has no way of knowing that, their actions still caused the injuries. The person with the eggshell-thin skull cannot be denied compensation because of their health status.

Insurance companies may still try to reduce your compensation through other tactics, like asking you to make an official statement or settle your claim early. Our lawyers can handle the insurance companies and you can focus on recovering and regaining normalcy in your life again.

Our Law Firm Can Help You

Having a pre-existing condition should not bar you from getting the compensation you deserve. Our law firm fiercely advocates for car accident victims. We’ll make sure that the person who caused your accident is held accountable for their actions.

Starting your claim is the first step to securing your future. Give our office a call today for a free case evaluation. We’ll assess your case and go over your options. Together, we can find the best way for you to move forward.

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