Car accidents can cause a variety of injuries, and if you have a pre-existing condition, the situation can become even more complicated. Understanding how an accident can aggravate your pre-existing health issues and what legal rights you have is critical to protecting your health and securing fair compensation.|

How Pre-Existing Conditions Impact Your Claim

Pre-existing conditions can complicate personal injury claims, but they don't automatically prevent you from seeking compensation. In fact, if a car accident worsens your condition, you may still be entitled to recover damages. Understanding how to navigate the legal landscape is key to making sure you get the support and compensation you deserve.

Legal Rights and Compensation

If a car accident aggravates your pre-existing condition, you can still file a personal injury claim. Here’s how the process works:

1. Establishing Causation:

• To receive compensation, you'll need to demonstrate that the accident directly worsened your pre-existing condition. It's essential to show that the accident exacerbated your health issues beyond their original state. For instance, if you had a back injury before the accident and the crash made it worse, that exacerbation can be the basis for a claim.

2. Medical Documentation:

• Medical documentation is one of the most crucial aspects of proving that a car accident aggravated your pre-existing condition. You must have detailed medical records from before and after the accident to highlight how your condition worsened. Doctors' notes, treatment plans, and expert testimony can strengthen your case and support your claim for compensation.

3. Comparative Fault and Apportionment of Damages:

• In some cases, the insurance company may argue that your pre-existing condition contributed to your injuries. California follows the "Eggshell Plaintiff" rule, which means that you are entitled to compensation even if your condition made you more susceptible to injury. However, the amount of damages may be adjusted based on how much of your injury was due to the pre-existing condition versus the accident itself.

4. Legal Consultation: Protecting Your Rights

• Navigating the complexities of a personal injury claim involving a pre-existing condition can be challenging. Consulting with a personal injury attorney is crucial to ensure that your case is handled correctly. A lawyer will gather evidence, consult with medical experts, and build a strong case on your behalf.

Steps to Take After the Accident

1. Seek Medical Attention: Whether or not you're experiencing severe symptoms, it’s important to seek medical evaluation after the accident. Getting a professional assessment right away will provide a clear record of your condition before and after the crash, which is critical for your case.
2. Document Everything: Keeping detailed records of your symptoms, medical treatments, and any changes in your condition is essential. Whether it's physical pain, a need for additional treatment, or emotional stress, these factors can be part of your claim.
3. Consult with an Attorney: An experienced personal injury lawyer can guide you through the legal process, helping you understand your rights and ensuring that you are compensated for the aggravation of your pre-existing condition. They'll handle negotiations with the insurance company and, if necessary, prepare your case for court.

Conclusion

Dealing with a pre-existing condition that’s worsened by a car accident can be overwhelming, but understanding your legal rights is crucial. If you're dealing with aggravated injuries, securing the right medical documentation and legal support is essential for pursuing compensation.

If a car accident has made your condition worse, don't hesitate to seek help. At Mercado & Sacramento, PC, we’re dedicated to helping you get the justice and compensation you deserve. Contact us today for a free consultation and let us guide you through your personal injury case.