If you have a pre-existing condition that gets aggravated in a car accident, you can still recover compensation through an auto insurance claim in Alabama. The at-fault driver’s insurer may try to convince you that your pre-existing injury aggravation isn’t covered. However, with an experienced attorney on your side, you can fight back and demand what you are owed.
Do you have questions about a car accident settlement involving an aggravated pre-existing condition? Contact Collins Law, LLC, for a free consultation with a highly qualified Birmingham car accident lawyer. We’ll review the details of your case and help you understand the compensation you could recover for the aggravation of your pre-existing condition in a personal injury claim.
Can You File a Claim If You Have a Pre-Existing Injury?
In Alabama, you can file an auto insurance claim and seek compensation through an aggravation of a pre-existing condition settlement after a car accident. This is because Alabama follows the “Eggshell Skull Rule,” also known as the “Eggshell Plaintiff Rule,” which explains that insurers and liable parties must take plaintiffs “as they come.”
This means that, regardless of what injuries or conditions a plaintiff had before the incident, the at-fault party is liable if an accident they caused worsened the plaintiff’s condition. If the plaintiff had a skull as fragile as an eggshell, and that fragility led to them sustaining injuries where a person with a typical skull would not, the at-fault party is still responsible for the harm the plaintiff suffered.
Let’s say you previously broke your arm and it was in the process of healing when you got into a car accident. If your arm re-breaks, the at-fault party cannot use the excuse that your arm was weakened due to the previous break to avoid liability. The fact of the matter is that the collision caused your arm to re-break, even if it was more susceptible to injury than someone else’s might be due to the previous break.
What Is Considered a Pre-Existing Condition?
Most pre-existing conditions relevant to car accident cases and personal injury cases are musculoskeletal injuries, including:
- Broken bones
- Soft tissue damage
- Back injuries
- Neck injuries
Often, when an individual sustains a musculoskeletal injury, they are more likely to sustain similar injuries in the future. For example, if you suffered from a serious ankle sprain in the past, you will be more likely to sprain your ankle in the future due to the way ligaments and tendons heal.
However, thanks to the Eggshell Skull Rule, you can still seek a pre-existing neck injury settlement after sustaining a whiplash injury in a rear-end collision. The fact that you had a prior neck injury doesn’t bar you from recovering compensation for your lost wages, medical bills, and more.
How a Car Accident Can Aggravate Pre-Existing Injuries
If you’re seeking compensation through a pre-existing back injury settlement after a car accident, it’s important to understand how the collision can aggravate your pre-existing injury. Injury aggravation may include:
- Increased pain and suffering
- Decreased mobility and functionality
- The need for more extensive medical treatment
- The prolonging of your recovery from a prior injury
For example, let’s say you had an existing back injury due to lifting heavy objects at work. If you are in a rear-end collision, your back injury could be worsened by the force of the impact, compressing your spinal column more, leading to more severe pain and potentially the need for surgery.
How to Prove an Aggravation of a Pre-Existing Condition
Proving that the motor vehicle accident aggravated your pre-existing condition involves gathering significant medical evidence. One of the primary sources of this evidence will be your medical records.
Your medical records will detail your pre-existing injury, including its severity and extent. Your medical history will also detail the increase in severity or decrease in mobility associated with your injuries after the car accident, showing a direct cause-and-effect relationship between the two.
In addition to your medical records, our Madison car accident lawyers may obtain testimony from medical professionals who have reviewed your records and can provide insight into how the accident affected your pre-existing condition.
How Are Settlements Calculated for Aggravated Pre-Existing Conditions in Alabama?
Settlements for aggravated pre-existing conditions in Alabama are calculated by assessing the extent to which the accident worsened your condition. The insurance company will look at your pre- and post-accident condition and determine the extent to which it worsened.
However, it’s important to remember that the insurance company will always try to reduce its liability for the worsening of your injuries. This is why it’s crucial for your lawyer to assess your pre- and post-accident condition, as well, with the help of a medical professional.
Challenges in These Claims
The two biggest challenges injured parties face when seeking compensation for the aggravation of a pre-existing injury are proving that their condition worsened and that the car accident was the cause of the worsening.
The insurance company will attempt to show that your condition didn’t worsen after the accident. To do this, it may hire a private investigator to follow you around to collect evidence of your injuries not impeding your daily life. It could also use your social media posts against you.
It may also attempt to show that factors beyond the car accident could be to blame for the worsening of your condition. For example, if you stopped seeking treatment for your pre-existing condition early, the insurer may claim that’s why it got worse.
Why You Need an Experienced Personal Injury Attorney in Alabama
When seeking a settlement for a pre-existing injury aggravation after an Alabama car accident, you need an experienced personal injury lawyer on your side to protect your rights.
The at-fault party and their insurance company will have lawyers looking out for their best interests. So, if you don’t have a lawyer of your own, you’ll be at an immediate disadvantage, and it will be harder to maximize your financial recovery in your car accident claim.
Don’t Let a Pre-Existing Injury Limit Your Rights After a Crash
If you had a pre-existing injury aggravated in a car accident, don’t let the insurance company take advantage of you and walk all over your right to seek the compensation you need. Contact Collins Law, LLC, for a free consultation with an experienced, caring, and determined Alabama car accident lawyer. There’s no charge to meet with us, and you only owe attorney fees if we recover money for you.
