It can be common to have pre-existing injuries and pain prior to a car accident. After an accident, you might not know what pain is from the accident and what pain is from your pre-existing injury. If you’re wondering if you would still have a case for a car accident-related injury even if you have a pre-existing injury, keep reading.
The most common types of pre-existing injuries are:
- Healed broken bones
- Back pain
- Herniated disc
- Neck pain
- Traumatic brain injury
- Strains and sprains
Pre-existing medical conditions can also be exacerbated by car accidents. Some examples are:
- Degenerative disc disease
The straight answer is yes!
To start off with building a case, you need to evaluate how you were feeling the days, weeks, and months leading up to the car accident. If you were not having pain in that part of your body before the accident but do after, you have a case for a new injury.
If you have had some residual pain prior and the car accident made the pain worse, you can still have a case. Our argument for this is your prior injury was not preventing you from performing daily tasks and not making you go to routine doctor’s appointments but the injury you sustained from the car accident causes you these issues now. In many cases, it can be shown that a prior injury unrelated to the car accident has left you susceptible to a new injury, requiring more care. Most insurance companies don’t have an argument to fight against that claim, meaning they need to award the damages to cover your medical expenses.
You will need to show causation that the car accident caused your pre-existing injury or medical condition to get worse in type and severity. The best way to display this is by explaining how your pre-existing condition was prior to the accident and how it was managed, then show how you are managing it now after the accident.
Don’t feel like just because you have a prior injury means that you can’t pursue a claim about an injury caused by a car accident. Be honest and transparent with your attorney about your prior injury and how the car accident has affected your health. We will use the information you have provided to build a great case against the insurance company to get you the coverage you need.
Our attorneys at Stein Law are happy to assist in your personal injury case to help you get the justice you deserve. Give us a call today to get started.