You’ve just been in a car crash. You’re hurt, worried about medical bills and car repair. Then you notice that an older injury is flaring up after the accident.
You know that you’re eligible for compensation for medical care for the injuries you suffered in the wreck. But what about making an older injury worse? It’s affecting your abilities, causing pain, and may require medical care. Should you pay for this, or is it the at-fault driver’s responsibility?
An experienced Florida car accident lawyer helps you understand your legal options if a car accident aggravates a pre-existing condition. Settlement compensation may include covering the cost of treatment, but proving liability can be trickier than it would be for a new injury.
How can a car crash aggravate a pre-existing condition?
Aggravating a pre-existing injury occurs when new trauma worsens an existing condition, leading to increased pain, complications, and potentially prolonged recovery. For instance, a car accident might exacerbate chronic back pain or arthritis, turning a manageable issue into a debilitating one that necessitates extensive medical treatment and time off work.
Unlike temporary flare-ups, significant aggravation can result in long-term impairments affecting daily activities and employment. If an accident worsens a pre-existing condition, you may be entitled to compensation, provided specific legal criteria are met.
What is a pre-existing condition?
Pre-existing conditions are any health issues you had before the accident. Although you had the medical condition before the crash, it wouldn’t have been as painful and extensive as it is after the collision.
The other driver could be liable for your medical care, pain and suffering, and other damages associated with aggravating the pre-existing condition.
Common instances of a car accident aggravating a pre-existing condition include:
- Sciatica, herniated discs, or chronic back pain and stiffness can worsen after the impact
- Whiplash or neck injuries from the crash can aggravate cervical spine conditions or a degenerative spinal disorder
- Joint problems, including arthritis or old injuries, can turn into a disability if the impact hits your injured joints
- An impact where you previously had surgery, especially recently, such as a joint replacement or back surgery, could impede healing or cause complications
Some people with chronic medical conditions like fibromyalgia, nerve damage, sciatica, lupus, or arthritis may suffer additional pain from the accident. It can turn a once-manageable condition into a disabling one.
Whatever your pre-existing condition is, if the collision worsens, you can work with your attorney to claim compensation for your damages.
Claiming compensation for aggravation of a pre-existing medical condition
There is a difference between exacerbating and aggravating pre-existing conditions. Aggravation occurs when the accident worsens the pre-existing injury to the point that the plaintiff requires additional medical treatment. Exacerbation refers to a flare-up of a pre-existing condition that does not result in long-term damage.
Your medical records are important to your claims process. You’ll need both those covering your pre-existing condition and those for your accident treatment. To secure compensation for a pre-existing condition aggravated or exacerbated by a car accident, you must prove that the accident directly caused the condition to worsen. Further, you suffered damages, including medical bills, lost wages if you missed work, and pain and suffering.
Your attorney may have a medical expert evaluate you, testify to the extent of the damage, and affirm that the collision caused it. This can help provide a clear link between the crash and your worsened medical condition, which may be necessary if you didn’t suffer any new injuries.
The “eggshell rule” in personal injury claims
The eggshell plaintiff common law rule holds the defendant responsible for harm caused to a victim even if the victim had a pre-existing condition that made them more vulnerable to injury.
Under this doctrine, plaintiffs in Florida are allowed to seek compensation for aggravating pre-existing conditions. However, they can only do so as long as they can substantiate their claims.
Legal advocacy when a car crash worsens your pre-existing medical condition
If you’ve been in a car wreck and suffered aggravation or exacerbation of a pre-existing condition, don’t lose hope. The attorneys at Lytal, Reiter, Smith, Ivey & Fronrath can help you get the compensation you deserve.
Call us at (561) 655-1990 for a free consultation.
