Can You File a Claim for a Car Accident That Worsened an Existing Injury?

If you were involved in a car accident in Desoto and it aggravated a pre-existing injury, you may still be entitled to compensation. Many insurance companies try to deny or reduce claims by arguing that the injury existed before the accident. However, under the "eggshell plaintiff" rule, victims are protected—even if they were more vulnerable to injury due to a prior condition. The key is proving that the accident directly worsened your injury and increased your need for medical treatment.

A car accident lawyer in Desoto can help gather medical records, expert opinions, and other evidence to strengthen your claim. They can demonstrate how the accident impacted your health beyond what your pre-existing condition would have caused on its own. With the right legal strategy, you can fight for compensation to cover medical expenses, lost wages, pain and suffering, and any ongoing treatment necessary due to the aggravated injury.

Exploring Existing Health Conditions

An existing health issue pertains to any sickness or injury that was present before the incident occurred. It's worth mentioning that having these conditions doesn't prevent people from pursuing compensation. To clarify further, in case an accident worsens, such as an existing injury or illness, there is a chance to seek compensation through a claim. The crucial aspect here is showing how the accident made the pre-existing condition more severe. 

Understanding The Legal Structure

In personal injury law, the term "plaintiff" highlights that the party at fault must take responsibility for making a pre-existing condition worse in an accident scenario—rather than how the person should ideally be perceived in legal matters involving harm and compensation claims if a car crash worsens an existing injury. 

Establishing Worsening of the Injury

Ensuring that a pre-existing condition was exacerbated by an accident necessitates documentation. The medical records are essential in this regard as they offer proof of the severity of the injury both pre-and-post accident. Expansive notes from healthcare professionals can validate assertions of worsening conditions. Furthermore, testimony from experts could bolster the argument. 

Actions to Consider Following the Incident

Following a car crash incident, medical attention must be sought without delay to address any potential health issues and accurately record any alterations in the existing medical state for necessary documentation purposes. 

Beyond healthcare assistance, detailed evidence gathering at the crash location is crucial as it plays a role in establishing a basis for filing an insurance claim. Comprehensive evidence such as photographs, taking witness accounts, and obtaining police reports are components in bolstering the strength of your claim. 

Getting in Touch With Insurance Providers

When interacting with insurance companies,​ it's important to communicate clearly​. Make sure to let them know about any existing health issues that have gotten worse because of the accident​. Submitting all the required paperwork can strengthen your argument​. Stay alert because insurance adjusters might try to downplay the seriousness of the worsened injury​. 

Seeking Advice From Professionals

Collaborating with professionals who have expertise in injury cases can be extremely helpful in navigating the process smoothly and efficiently. Lawyers, with their knowledge and experience, can provide advice regarding the complexities involved in submitting claims for injuries. This guidance can assist individuals in understanding and managing processes better to safeguard their rights. 

Looking Out for Possible Obstacles

When dealing with a claim for compensation after an accident, obstacles can surface along the way to resolution. Insurers could dispute that the worsening of an injury is not connected to the incident, and they may also closely examine past records to diminish its significance. Overcoming these obstacles successfully involves taking an approach supported by evidence and testimony from professionals in the field.

Determining Payment Compensation 

Determining the compensation for a worsened injury entails taking into account factors such as medical bills and lost income along with the physical and emotional toll experienced by the individual involved in the accident or incident that caused the injury impact on their overall well-being is carefully evaluated to ensure a fair and just compensation package can be sought after. 

The Significance of Being Punctual 

It's really important to file a claim because, in a lot of places, there are time limits set by the law that control how long you have to make a claim. Waiting long could mean losing the chance to get compensation. Taking action promptly helps make sure you collect all the needed paperwork and proof before important deadlines are missed.

In Conclusion 

Ultimately, individuals with existing conditions should be entitled to seek compensation if a car accident exacerbates their injury situation. Comprehensive record-keeping and professional advice are elements in this endeavor. By grasping the landscape and taking appropriate steps, individuals can actively seek fairness and reparation for their more severe injuries.