The Ultimate Guide to Pre-Existing Conditions Vs. Car Accident Injuries

You’ve been in a car crash and now, you’re feeling more pain than before.

It’s common for accidents to worsen pre-existing conditions.

This guide will show you how to tell the difference between new injuries and old ones getting worse.

Understanding Pre-Existing Conditions in the Context of Car Accidents

If you have a health issue before a car crash, it’s called a pre-existing condition. Car accidents can make these old injuries or diseases worse, leading to more pain and challenges.

Definition of Pre-Existing Conditions

Pre-existing conditions are health issues you already had before a car accident.

These can include chronic pain, arthritis, degenerative disk disease, or even previous injuries from sports or other accidents.

Insurance companies often look at your medical history when you file a personal injury claim after an automobile collision. They want to see if the car accident made your pre-existing condition worse.

Your past medical records play a crucial role in your personal injury claim.

For example, maybe you’ve always had back pain due to herniated discs. After being involved in a car accident, this pain flares up more than usual.

The insurance company will check MRIs and X-rays before and after the crash.

They do this to figure out how much the accident has impacted your condition.

This process helps determine what part of your suffering is due to the collision and how much compensation you might get for lost wages and medical bills related to worsening symptoms.

Common Pre-Existing Conditions Affected by Accidents

Car accidents can change your life, especially if you have a condition before the crash.

These conditions might get worse because of the accident.

Here’s how:

1. Degenerative Disc Disease: This spine issue makes your discs wear out quicker. A car accident can speed up this process, causing more pain and less mobility sooner than expected.
   
   
2. Osteoporosis (Brittle Bones): With this condition, your bones break easier. Even a minor crash can lead to serious fractures that take longer to heal and may need surgery.
   
   
3. Fibromyalgia: This causes pain all over your body, sleep problems, fatigue, and emotional distress. After an accident, these symptoms can flare up badly, making daily tasks much harder.
   
   
4. Heart Conditions: If you have heart problems like a risk of heart attack or trouble breathing, stress and physical strain from an accident can make these issues worse. You might face heightened risks during recovery.
   
   
5. Concussions and Post-Concussion Syndrome: A hit to the head during an accident can lead to a concussion. If you’ve had one before, another could result in long-term brain injury or make your recovery slower and more complicated.
   
   
6. Mental Health Conditions like anxiety or depression: An accident’s stress can increase feelings of despair or worry, disrupt your coping strategies, and require additional therapy or medication adjustments.
   
   
7. Osteogenesis Imperfecta (Brittle Bone Disease): This genetic disorder makes bones incredibly fragile; even mild impacts from auto accidents can cause severe bone injuries.
   
   
8. Back Injuries: Previous back problems mean you’re likely to suffer more in a crash. The added trauma might necessitate new treatments or surgeries and could lengthen healing time significantly.
   
   
9. Diabetes: Accidents induce stress which can mess with blood sugar levels, making management harder for diabetics. Healing times may also be extended due to circulation issues common in diabetes patients.

This is especially true for individuals with pre-existing conditions, as they may experience delayed soreness or exacerbation of their existing symptoms in the days following an accident.

Coping with delayed soreness can be incredibly challenging, and seeking prompt medical evaluation and treatment can help alleviate discomfort and prevent any potential long-term complications.

Therefore, it is essential for individuals with pre-existing conditions to be proactive in seeking medical care after an auto accident, even if they initially feel okay.

The Legal Perspective: Eggshell Skull Doctrine

The eggshell skull rule says that people who cause harm must take their victims as they find them.

This means if you have a pre-existing condition and get hurt in a car crash, the person at fault can’t argue against your claim by saying your injuries were partly because of your old condition.

Explanation of the Doctrine

The Eggshell Skull Doctrine, often mentioned in personal injury law, plays a crucial role if you’re dealing with injuries from an automobile accident, especially when pre-existing conditions are involved.

It suggests that the negligent party is liable for your injuries, even if those injuries are more severe because of your existing health issues.

Think of it this way: If someone’s negligence causes you harm, they are responsible for all resulting pain and suffering, regardless of how fragile—or eggshell-like—your physical state was before the incident.

You take your victim as you find them.

This principle ensures justice and fairness by holding people accountable for their actions’ consequences without dismissing victims due to their vulnerability.

Whether it involves trauma to the head or exacerbating a sports injury, the rule asserts that liability isn’t lessened because someone was already weakened or susceptible to injury.

Understanding this can empower you to seek maximum compensation with confidence knowing personal injury attorneys consider these complexities in Maricopa County, or wherever you might be facing legal battles after an accident.

It’s crucial to act quickly, as the car accident statute of limitations in Arizona is two years from the date of the incident.

This means that if you wait too long to file a claim, you may forfeit your right to seek compensation for your injuries.

By consulting a knowledgeable personal injury attorney, you can ensure that you meet all necessary deadlines and requirements to maximize your chances of a successful outcome.

How This Affects Your Car Accident Claim

Dealing with a car accident claim gets trickier if you have pre-existing conditions.

Insurance companies might try to argue that your current injuries were not caused by the accident.

It’s important to have all your medical records and documentation in order to prove any pre-existing conditions and their relation to the accident.

It can also be helpful to work with a personal injury attorney who can advocate for you and help gather evidence to support your claim.

Additionally, keeping track of your symptoms and seeking medical attention as soon as possible will help build a strong case.

A car accident symptoms checklist can help you document any new or worsened symptoms that could be attributed to the accident.

This is where legal representation and expert testimony become crucial. Lawyers and medical experts will fight for you, showing how the accident worsened your condition.

Documentation from your medical professional plays a big part in this process.

Ensure every physical examination, CT scan, and diagnostic test that shows changes in your condition post-accident is well-documented.

This proof helps establish the link between the incident and any new or aggravated symptoms like numbness, soreness, or chest pain.

Your personal injury lawyers will use this evidence to support your claim under the eggshell doctrine principle.

They argue on behalf of “eggshell plaintiffs,” helping ensure you’re compensated fairly for all injury-related costs—even those tied to pre-existing conditions worsened by blunt force trauma or head trauma in an accident.

Role of Medical Professionals in Assessing Accident Impact

When car accidents happen, doctors play a key role. They look at how the crash may have made any old injuries worse.

Evaluating Worsening Symptoms

After a car accident, seeing a doctor is key. They use tools like CT scans to check for hidden injuries. Sometimes, an injury from before gets worse because of the crash. This could include brain trauma or bone fractures that were not fully healed.

Your doctor can tell if your old injuries are acting up again by doing more tests.

Your health records play a big part in this process too. These documents show your condition before and after the accident, helping prove that the crash made things worse. Keep track of all visits to healthcare providers and any changes in how you feel or function.

This information is crucial for personal injury claims, ensuring you get what you deserve under laws like no fault and thin skull rule.

Documenting Changes for Legal Purposes

Your medical team plays a key role, as they use diagnostic tests to track changes in your health. These tests might include X-rays or MRIs to spot differences before and after the accident.

Accurate records from these exams become crucial evidence. They show if an old injury got worse because of the crash.

Lawyers from a law firm will ask for these records when you seek their help for a car accident claim.

This documentation is vital for proving how the accident impacted your pre-existing condition under the talem qualem principle – taking you as you are, even with prior injuries.

Make sure all visits to healthcare providers and results from diagnostic tests are well-documented right away.

This step ensures your legal team has everything they need to support your case effectively.

Conclusion

Understanding the difference between pre-existing conditions and new injuries from car crashes is key.

If you already had a medical issue, like a weak knee or an old back injury, a crash might make it worse.

This matters a lot when you’re talking to doctors and lawyers about your accident.

Doctors can help figure out if the crash made your old problem bigger.

Lawyers use this info to protect you in court, thanks to rules like the Eggshell Skull Doctrine.

Remember, even if health was not perfect before the crash, you have rights.

Medical experts play a big role in showing how your condition has changed after an accident. Keeping track of these changes is important for legal reasons too.

Talk with professionals who understand both medicine and law to guide you through this process.

They’ll offer advice on what steps to take next so that you can focus on getting better while they handle the rest.

FAQs

1. What’s the difference between a pre-existing injury and an accident-related injury?

A pre-existing injury refers to any medical condition or ailment you had before a car accident. Accident-related injuries, however, occur as a direct result of the incident – like a fractured bone.

2. How do I know if my symptoms are due to my pre-existing condition or from the car accident?

It can be challenging… but with expert knowledge on your side, it’s possible! Your doctor can compare your medical history with current symptoms to determine their source.

3. Can I still get compensation if I have a pre-existing injury that was worsened by the car accident?

Absolutely! It’s crucial to understand – having a pre-existing condition doesn’t disqualify you from seeking damages for new or aggravated injuries caused by an accident.

4. Where can I get help understanding my symptoms after a car accident?

Consider reaching out for free consultation services offered by many legal firms—they’re equipped with professionals who understand these situations and can guide you through this process.