Can a pre-existing injury affect my personal injury claim in NC?

An accident can leave you injured, but what if you have an old injury that the accident makes worse? What if you have a pre-existing medical condition that is exacerbated by your accident? Can an old injury or pre-existing medical condition affect your personal injury claim?

The truth is, there are many things that can affect your personal injury claim and a pre-existing condition or injury certainly can impact your case. However, it doesn’t necessarily mean that it will make your claim invalid. It may make it more complex, but it should not be a hindrance to you being compensated fairly for your injury from the accident.

Sometimes an accident can make the pre-existing condition or injury worse. In those cases, the claimant may be entitled to compensation for not only the injury and any damages incurred, but also for making the pre-existing condition worse.

Personal injury claims can be complex, so if you have been injured in an accident, your best bet is to get an attorney to help you. That way you can ensure that you get the fairest compensation possible.

Pre-Existing Injury Definition

When you are seeking compensation for damages or injuries you incurred as the result of an accident you must prove that your injuries were the result of the accident, It does make things a little more complicated, but it isn’t impossible.

If an injury or medical condition occurred at some point in your past, then it is pre-existing. This could mean that you broke a bone as a child, hurt your back at some point in your life, or you suffered a traumatic brain injury.

A pre-existing medical condition could include arthritis, diabetes, cardiovascular disease, degenerative disc disease, and more. Any of these can be made worse if you are in an accident. The key is separating the two so that the judge can see your level of symptoms prior to the accident, the symptoms after the accident, and how the accident made your pre-existing condition worse. A pre-existing injury settlement addresses both the injury from the accident and the pre-existing condition or injury.

If the at-fault party’s wrongful conduct or negligence made your condition or injury worse, they can be held responsible financially for the issues.

Personal Injury Claims and Pre-Existing Injuries

Pre-existing medical conditions and injuries do matter in a personal injury case. The at-fault party can be required to pay all your medical bills and often some type of compensation for lost wages and other expenses. In short, they must pay for the medical treatment that will make the injured party as good as they were before the accident.

Often expert witnesses will be called in because it is very difficult, if not impossible, to determine if the injury or pain is the result of an accident or if it was in the same state prior to the accident.

If you have a herniated disc and get into an accident, is your pain and other symptoms because the pain was caused by the accident, Was the pain and injury or condition made worse by the accident? These are things that will have to be examined by your attorney and an expert witness may be called to testify for you.

Contact Wallace and Graham, P.A.

If your pre-existing injury has been aggravated in a car accident and you think it made an existing injury or condition worse, call the lawyers at Wallace & Graham. They will analyze your case and determine your best course of action. They will also advise you on steps you should take and how your pre-existing condition or injury could potentially impact the outcome of your cast.

Don’t try to go through a personal injury case without a lawyer. They will ensure that you get the most compensation possible.

Call today to talk to one of your knowledgeable, friendly representatives and schedule your consultation.