There are many factors that can complicate a personal injury claim, including a pre-existing injury. As its name suggests, a pre-existing injury is one that occurred at some point prior to the accident. Can you recover compensation for a pre-existing injury? Here’s what victims need to know:
Recovering Compensation For Pre-Existing Injuries
You are not entitled to compensation for a pre-existing injury, however, you are entitled to compensation for the aggravation of a pre-existing injury. This means if the accident made your pre-existing condition worse, you could be entitled to compensation.
For example, let’s say you sustained a back injury several years ago. This injury caused minor pain, but not enough to interfere with your life or impact your ability to engage in your favorite activities. But then, you are involved in a car accident. The crash aggravates your back injury, and you are now experiencing intense, debilitating pain on a daily basis.
In this example, the back injury is a pre-existing injury since it occurred prior to the car accident. However, your symptoms have worsened as a result of the accident, which means the crash aggravated your injury. You are not entitled to compensation for the back injury itself, but rather the aggravation of the injury. The at-fault party could be ordered to compensate you for medical expenses, lost wages, and pain and suffering related to the aggravation of your pre-existing injury.
How to Prove the Aggravation of Pre-Existing Injuries
The at-fault party’s insurance company will not compensate you for a pre-existing injury unless you can provide proof that it has been aggravated as a result of the accident. Did your doctor order imaging tests when you sustained the initial back injury? If so, these can be compared to current imaging tests to determine how the accident has affected the injury.
Your doctor’s notes can help you prove the aggravation of a pre-existing injury as well. For example, the notes will show that you only complained about minor pain when you first sustained the injury. If you never reported intense pain prior to the accident, this proves that you are only experiencing this symptom as a result of the accident.
Having a pre-existing injury will complicate your personal injury claim, but it’s important to remember that it is still possible to recover compensation despite these prior injuries.
Do you need to file a claim for the aggravation of a pre-existing injury? If so, seek legal representation from experienced attorney Martin Gasparian as soon as possible. Mr. Gasparian will aggressively negotiate with the at-fault party’s insurance company to ensure you are fully compensated for your new symptoms. Schedule a free consultation regarding your case by calling 559-203-3333 or submitting your information at MaisonLaw.com.
