Car accident injuries can result in hospital bills, rehabilitative therapy costs, and home modification expenses. While some injuries may have been foreseeable, old injuries may flare up. Even if a crash aggravates a pre-existing condition or injury, you are still entitled to compensation. If you are unsure of how aggravation of an old injury may impact your current injury claim, our Harrisburg car accident attorneys are happy to review your case.
Examples of Pre-Existing Conditions or Injuries
As we age, most of us develop medical conditions that we manage through medication and treatment. These health issues can leave us more susceptible to physical injury. With between 50 to 129 million non-elderly Americans having pre-existing health conditions, many are at risk of experiencing serious trauma in a crash.
Common examples of pre-existing conditions or injuries include:
- Back injuries or conditions: Back injuries may be due to a single event, repetitive stress, poor posture, or genetic conditions. Common back conditions include a herniated disc, chronic lower back pain, and spinal arthritis.
- Neck injuries: Neck pain is very common, often due to poor posture, muscle strain, wear and tear, or previous injuries. Common conditions include cervical kyphosis (when the neck loses its natural curvature), a pinched nerve, and whiplash.
- Prior head injuries: If you sustained a concussion or previous head injury, you are at significantly higher risk of future brain injury. If you are experiencing dizziness, confusion, or mood swings following a crash, you should seek medical attention.
- Past surgeries: If you previously had a knee replacement, hip surgery, or needed surgical pins to stabilize a fracture, a crash could aggravate previous issues.
Eggshell Plaintiff Rule
Even if a collision aggravated an old injury or prior condition, under the eggshell plaintiff rule, the defendant is held liable for any and all injuries. It is sometimes known as the “thin skull rule,” since a defendant would still be held liable for a plaintiff who experiences a head injury, even if someone else would not have experienced such severe harm. For example, if your vehicle is rear-ended and you suffer a herniated disc due to a previous back condition, the defendant would be held responsible for all resulting medical bills. As long as the defendant’s conduct can be directly linked to your injuries, the defendant will be held liable for the full extent of harm.
The Defense May Argue That Your Symptoms Are Unrelated to the Crash
If you do suffer an aggravation injury, the insurance company may argue that your symptoms have no connection to the crash. You need to draw a clear link between the accident and your injury, which may involve gathering medical imaging (X-rays, CT scans, MRIs/MRAs) and your treating doctor’s diagnosis and prognosis. The closer the medical care was to the accident, the better. Any records that document your condition prior to the accident and afterward can be beneficial. Also, expert testimony may highlight how the accident could cause specific harm to someone with a previous medical condition.
Showing how an accident triggered a previous ailment can be challenging, especially when the naysayers have adequate evidence against you. At Shollenberger Januzzi & Wolfe, LLP, our legal team can work with highly trained medical professionals who can concisely explain medical terminology to the layperson. By backing up their testimony with medical reasoning, charts, and other research, your likelihood of receiving maximum compensation increases.
Speak with Our Harrisburg Car Accident Attorneys Today
A pre-existing condition or injury leaves you more vulnerable to significant injuries in a car wreck. Even so, if you can prove the link between the defendant’s actions and the harm you sustained, you can be fully compensated for your injuries. At Shollenberger Januzzi & Wolfe, LLP, our team of legal professionals believes that justice is not served until your final settlement reimburses you for your medical bills, lost income, and future costs.
To arrange a free consultation with one of our Harrisburg car accident lawyers, contact us online or by calling (717) 229-6580 today.