If you have an aggravated old injury after a car accident, you may not know whether or not this will impact your right to receive compensation. This is something that many Washington residents may worry about since aggravated injuries are very common in car accident cases.
If you are dealing with an aggravated pre-existing injury after a car accident in Camas, you need to consult with a personal injury attorney. At Henderson Taylor Law Firm, our team of Camas car accident lawyers has extensive experience handling complex car accident claims, including those that involve pre-existing conditions.
So, keep reading to find out what happens if you have an aggravated injury after a car accident and how you can file a strong claim.
What Is a Pre-Existing Condition?
Before we dive into the complexities of how an aggravated injury can impact your car accident claim, what exactly is a pre-existing condition or injury? This is a term used to describe an injury or medical condition that existed before the auto accident occurred. Pre-existing conditions can be ongoing, chronic, or could be completely under control.
Here are some examples of common pre-existing injuries that could impact your car accident claim in Washington:
- Osteoporosis
- Rotator cuff injuries
- Old fractures
- Arthritis
- Bulging or herniated spinal discs
- Degenerative disc disease
- Chronic headaches or migraines
- Previous traumatic brain injuries
Pre-existing conditions can also include any past surgeries you have had, such as neck, back, shoulder, or knee surgeries.
Do Pre-Existing Conditions Impact Your Right to Recover Compensation?
The good news is that just because you have had, for example, a previous back injury before the car accident, this does not remove your right to receive compensation. And the compensation you receive could be the result of a new injury from the accident or because your pre-existing condition is now worse because of the accident.
Washington has a specific law that it uses for pre-existing injuries, which is known as the eggshell plaintiff law. This means that the person who caused the accident is responsible for the damage that they caused, regardless of your previous condition. In other words, the at-fault party has to take you as they find you.
So, even if you had a pre-existing condition that made you more susceptible to being injured in a car accident, this does not remove your right to receive compensation. These types of claims will just be a bit more challenging and more reliant on strong medical evidence.
Common Insurance Company Arguments
Although you can still receive compensation if a car accident aggravates an old injury, these types of claims are notoriously more complex. Insurance companies often use pre-existing conditions as a way of trying to reduce how much they have to pay out.
Mainly, insurance companies will do this by claiming that all of your injuries existed before the car accident. That is why it is so important that you gather extensive medical evidence to create a distinction between your old injuries vs new injuries.
Insurance companies may also try to claim that your symptoms are unrelated to the accident and have simply developed from your pre-existing condition. Or, they may try to claim that your treatment needs are excessive and inaccurately reflect the injuries you sustained from the accident.
This is why it is so important that you work with a car accident attorney in Washington, instead of trying to handle your claim on your own. In these types of claims, it is more common for insurance companies to use your words against you and to take things out of context. They can also cherry-pick your medical records and try to discredit your medical claims.
Building a Strong Claim
Even though Washington has protections in place for those who have pre-existing conditions, you still need to build a strong claim to get the compensation you deserve. Evidence is especially critical in these types of claims since insurance companies often use aggravated injuries as an excuse to offer unfair settlement amounts.
Because of this, medical evidence is going to be the backbone of your claim and can include things like:
- Pre-accident and post-accident medical records
- Physician opinions
- Diagnostic imaging
- Treatment history
- New treatment needs
It’s essential that you get the help of a Camas car accident lawyer when you are building your car accident claim. A lawyer can help you gather all of the evidence you need to prove the extent of your injuries and will handle communication with the insurance companies.
An attorney will protect your rights and act as a safeguard so that you don’t accidentally give statements that the insurance company can later use against you. This will also protect you from feeling pressured into accepting a low settlement offer.
Hire an Experienced Car Accident Attorney at Henderson Taylor Law Firm
Experiencing worsening previous injury after an accident can make your Washington injury claim more complex. However, this doesn’t remove your right to receive compensation, as long as you are able to prove how you were injured in the accident.
At Henderson Taylor Law Firm, our personal injury attorneys in Camas, WA, are here to help you navigate the challenges of filing a claim for a car accident involving an aggravated old injury. For expert legal representation from one of our attorneys, contact us today at 360-737-1478 or fill out our online form.
FAQ Section
Can I file a claim if I already had back pain?
Yes. Pre-existing conditions do not eliminate your right to receive compensation as long as you can prove that you have sustained new injuries as a result of the accident. Or, you can prove that the accident directly aggravated an old injury.
How do doctors determine whether the accident worsened my injury?
Doctors can perform a physical examination as well as different tests and imaging to determine whether or not the accident caused additional damage. This will also help to identify any new medical treatments you will need going forward.
Will my settlement automatically be reduced?
Not necessarily, but you will need to provide extensive documentation regarding your injuries so that you receive a fair settlement.