If you’ve been involved in a car accident and experienced aggravation or exacerbation of a pre-existing injury, it’s advisable to contact our experienced Westchester County Car Accident Attorneys to explore your legal options and pursue the justice you deserve.
What Happens If a Car Accident Aggravates a Pre-Existing Injury?
The aggravation of a pre-existing medical condition happens when new trauma worsens an existing ailment, causing increased discomfort and extended healing. For instance, a collision could worsen persistent back pain or joint inflammation, transforming a manageable condition into a crippling one that demands considerable medical care and time off work.
In contrast to brief flare-ups, substantial aggravation can lead to lasting disabilities that impact your everyday life. If an accident worsens your pre-existing condition, you may be entitled to compensation through the eggshell skull rule. This legal doctrine dictates that the defendant is liable for the injuries inflicted upon the victim, even if they had a pre-existing vulnerability that made them more susceptible to harm.
Can I Recover Compensation?
A key distinction exists between an existing ailment being made worse (aggravated) and worsening the condition (exacerbating). It’s crucial to understand that aggravation is when the accident intensifies a prior injury to the extent that the claimant requires additional medical care, whereas exacerbation is a temporary flare-up of an existing condition that doesn’t cause permanent harm.
Medical documentation is essential for your personal injury claim. This includes records for both your pre-existing injury and the treatment you received after the accident. To successfully recover damages for a pre-existing condition that was aggravated or exacerbated by a collision, you must demonstrate a direct link between the accident and the worsening of your injury. Furthermore, you must have incurred losses, such as medical bills, lost earnings, and emotional distress.
A Westchester County car accident attorney can help arrange for a medical professional to examine you, offer expert testimony about the degree of harm, and confirm that the accident was the cause. This process can help establish a clear connection between the incident and your declining health, which is particularly crucial if you didn’t sustain any entirely new injuries.
As you can see, a pre-existing injury will not prevent you from filing a personal injury claim. At Hausman Law Group, we proudly serve as a legal advocate for those who have suffered devastating injuries due to car accidents. We recognize the profound impact a collision can have on our clients’ lives and are dedicated to aggressively pursuing just compensation to restore their well-being. If you need legal counsel, contact our firm today to schedule a consultation.