It is customary to seek reimbursement for any property damage and medical costs if you are harmed in an automobile accident that wasn’t your fault. The claim becomes slightly more challenging if you already suffered from an illness or injury before the collision. Many people believe receiving compensation is hard if you already have a condition or injury. However, if your pre existing injury aggravated, you may still be entitled to get compensation for the accident that worsened your injuries and increased the cost of the care you require.
Fortunately, the law enables you to obtain compensation for the worsening of a prior condition or damage. However, insurance firms don’t make it simple. Insurance firms learn about pre-existing conditions meticulously because they want to reduce their responsibility. This is when you will need a professional personal injury attorney who can perfectly handle the job. Phillips Law Office is the leading car accident injury law firm helping clients get compensation for pre-existing injuries.
What is Pre-existing Condition?
Pre-existing conditions are a hot topic in the health insurance industry. This usually refers to a person’s ongoing medical conditions and will require coverage even if they change insurance providers. Any injury, ailment, or condition you had before the accident is referred to as having “pre-existing conditions” when used in the context of personal injury claims.
Insurance providers will look for as many pre-existing ailments as possible to refuse to pay you for them. If you have any, how will they find out? You must reveal any pre-existing conditions when a doctor is treating you following a collision and when a question is posed while gathering evidence for a personal injury claim.
Is it possible to sue for the car accident further aggravating your injury?
Simply put, you have grounds to bring a personal injury case if you were hurt in a car accident that was someone else’s fault. You can seek justice and financial relief through a lawsuit for medical expenses, lost wages, pain and suffering, and more. If your car accident made a pre-existing condition worse, the situation would be the same.
Vehicle accidents have made many people’s neck or back injuries worse. What was once fixed could get broken, strained, or injured once more. To try to recuperate, the victim might require surgery or treatment. A pre-existing back injury made worse by a car accident might result in escalating medical costs, lost wages, and other unforeseen costs.
Things matter in pre-existing injury and Things that don’t
Certain factors do not affect whether a victim is entitled to compensation for their aggravated injuries. For instance, it doesn’t matter how long the person faces the injury. In the instance of hypothetical knee discomfort, it might be the result of a recent stumble or a decades-old sports injury.
The severity of the previous injury is more significant. It will be simpler to estimate precisely how much new harm was caused if a baseline demonstrates how severe the initial injury or condition was prior to the incident.
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Understand the Pre-Existing Conditions That Can Be Aggravated in Collisions
In car accidents, certain pre-existing conditions may get worse. Traumatic brain injuries (TBIs), in addition to back injuries, are another typical occurrence. If you recently suffered from TBI, your risk of getting another, more serious TBI increases. Like this, you can experience a new bone fracture in a previously shattered bone, or you might have osteoporosis, which increases your risk of fractures.
Know the Basics of Eggshell Plaintiff Rule
According to courts in Illinois, under the eggshell plaintiff rule, lawyers can assist you in your fight for the monetary compensation you are entitled to when someone else was at fault for the accident that wounded you or a loved one.
In a personal injury claim, courts consider the following under the eggshell skull rule:
- Even if the injury had not occurred had the victim been in perfect health, the at-fault party is responsible for all its consequences when a defendant commits a tort, and some injury may be anticipated. The eggshell skull rule does not refer to making an existing condition worse. If the incident worsened a pre-existing condition, the defendant would be liable.
- The plaintiff would have to ask the judge to teach the jury the eggshell skull rule at the outset of the trial. Your personal injury attorney would have to produce proof of your pre-accident condition. They must provide medical reports and expert testimony concerning your prior injury.
Types Of Injuries That Can Be Aggravated in Car Accidents?
There can be different injuries that may become serious after a car accident. These include-
- Neck, back, and spinal cord injuries: These types of injuries are frequently chronic and degenerative. The laws of physics suggest that if you have any of these conditions and are involved in an automobile accident, the conditions will probably worsen due to the force of the hit.
- Brain and Head Injuries: A automobile accident exacerbating a pre-existing ailment can have catastrophic effects on people with brain and head injuries. If you or a loved one has already experienced a traumatic brain injury (TBI), there is a substantial risk of re-injury, and the results could be severe or even permanent.
Claiming for the Aggravated Pre-Existing Injury
For an individual facing a car accident over pre-existing injury, various factors can make it challenging to prove a personal injury. The victim should first be forthright and honest about their situation. Your chances of being paid could be harmed if you try to disguise the fact that you’ve had earlier problems like neck discomfort, joint injuries, or conditions like sciatica. Previous medical records will be available to the insurance provider or the defence attorneys. Including the injury in such records will undermine your credibility, and they will claim that the issue was always your fault.
Having medical records that provide a doctor’s evaluation of prior conditions is quite beneficial. A setback will be simple to spot when records reflect what stage a patient is in when recuperating from a past condition or injury. The best is to seek assistance from Phillips Law Office in Illinois, and the team of professionals will help you get the claim and compensation.
Get help from Car Accident Lawyer In Chicago
Getting compensation for your pre-existing condition car injury can be difficult. There are too many things to consider. However, the lawyers at the Law Offices of Phillips Law Office can examine your case and explain whether it has substance from a legal standpoint. Contact us immediately at (312) 598-0917 and get free consultation to learn more about your potential rights and the legal remedies available.