What To Do If An Accident Has Made Your Pre-Existing Condition Worse?
Auto accidents are like cavities. They are both an unpleasant fact of life. Since everyone is involved in a car accident at some point in their lives, the inevitable will happen to you. What further complicates matters is if your current car accident has made your pre-existing condition (SVT) worse. You can indeed get the compensation you deserve if you read this article and hire a good personal injury lawyer.
Types of pre-existing conditions/injuries
Your personal injury lawyer in Fontana will tell you that the pre-existing conditions and injuries he or she sees the most often are:
● Previously broken bones
● Back pain
● Herniated disc
● Back pain
● Traumatic brain injuries
● Sprains and strain
Keep in mind that your pre-existing condition/injury may have been totally unaffected by your most recent car accident. However, they tend to at least exacerbate these conditions and injuries. Your personal injury lawyer will tell you that some examples of this occurring are:
● Degenerative disc disease
● Heart disease of any type
How do pre-existing conditions complicate personal injury claims?
The settlement money you receive after your current accident will only cover the injuries sustained from that particular accident. That said, you can still hold the defendant liable financially if the car accident that he or she was responsible for worsened your pre-existing conditions/injuries. It can be very difficult to establish cause and calculate liability in these instances.
Causation and preexisting injuries
It can be very difficult to establish that a car accident either caused or exacerbated pre-existing injuries in many instances. You’ll need to provide substantial evidence that proves this. Even then, the insurance adjuster will try his or her best to prove that the car accident had no effect on your pre-existing conditions/injuries.
Damages and your pre-existing injury
It is always hard to calculate the real economic value of your pre-existing injuries. While it’s easy to calculate physical injuries, the same is not true for pain and suffering. You may suffer depression that may contribute to you losing your job. It will be hard to establish the relationship between the car accident, pain, and suffering, and lost wages in this instance.
The ‘Eggshell Plaintiff’ Rule
This rule says that the defendant must pay the full amount of all of your injuries even if you suffered from pre-existing conditions/injuries.Pre-existing conditions/injuries can sometimes help you.This is especially true if it’s easy to prove that your current car accident made your pre-existing condition/injury worse.You can fight even with pre-existing conditions/injuries. Though sometimes more difficult, you can indeed win a settlement for a car accident when you had pre-existing conditions/injuries providing that you hire a good personal injury lawyer.