According to the Centers for Medicare and Medicaid Services, up to half of all Americans have some kind of pre-existing injury or health condition. Since car accidents often involve more than one person, there is a strong chance that each collision will affect someone with a pre-existing injury. If a victim with a pre-existing injury experiences worsened or new symptoms because of a car accident, they may consider their options for compensation. Is it even possible to pursue compensation for a pre-existing injury after a car accident? How does one prove that their injury became worse because of their accident? These are questions that an experienced auto accident lawyer in Vermont, New Hampshire, or Florida may be able to address. Those who call Shillen Mackall Seldon & Spicer at (802) 457-4848 may explore their legal options in more detail.
You Can Pursue Compensation If Your Condition Worsens
The general rule is simple: If your pre-existing condition worsens because of a car accident, you can pursue compensation. If your pre-existing injury stays the same without being affected by the car accident, compensation could be unlikely. It may be worth reviewing a few specific examples of pre-existing conditions worsened by car accidents:
Sports Injuries
Many Americans have sports injuries. Examples include anterior cruciate ligament (ACL) injuries, stress fractures, meniscus tears, and tennis elbow. Some sports injuries have permanent consequences, remaining with patients for the rest of their lives. Often, these sports injuries limit mobility while causing discomfort and pain.
A car accident can easily exacerbate or worsen these sports injuries. For example, an ACL injury may re-tear after a violent collision. Stress fractures may make certain bones especially vulnerable to breaking during crashes. Victims may need to go through rehabilitation all over again, and new surgeries could be necessary. In this situation, it would likely be possible to pursue compensation for all losses incurred due to worsening symptoms.
Repetitive Strain Injuries
Repetitive strain injuries (RSIs) are common across the nation. These are often occupational injuries caused by months and years of repetitive movements. Vulnerable workers include warehouse employees, cashiers, office workers, and many others. The Centers for Disease Control and Prevention (CDC) states that RSIs are particularly common among elderly individuals.
It could be possible to pursue compensation for an RSI worsened by a car accident. For example, a patient who has recovered from a rotator cuff tear may re-tear their shoulder during a collision. Carpal tunnel syndrome may become worse after a car accident due to impacts to the hand area and subsequent swelling. Patients who have managed to get their carpal tunnel syndrome under control may discover that their condition has returned worse than ever before.
Brain Injuries
According to the National Institutes of Health, even a single mild head injury increases vulnerability to subsequent impacts. In other words, people who have suffered brain injuries in the past are more likely to experience worsened symptoms after hitting their heads during car accidents. For example, a patient may be struggling with various symptoms after numerous head injuries from their college football or hockey days. If this individual strikes their head during a car accident, these symptoms are likely to be exacerbated.
In many cases, the true consequences of numerous brain injuries only become clear in later life. Professional boxers represent an obvious example of this, and many experience dramatically reduced brain function in their senior years due to repeated brain injuries throughout their careers. This highlights the need to pursue compensation after suffering a head injury in a car accident. Patients with numerous head injuries may require expensive treatments and rehabilitation during their later years, and this medical care can be quite expensive. Patients with numerous head injuries could also be more likely to develop dementia. Even if a patient feels relatively unaffected after suffering a car accident head injury, it makes sense to pursue maximum compensation.
What Evidence Do I Need for Pre-Existing Injuries After an Accident?
Always seek medical attention after a car accident. Doctors and healthcare providers can examine pre-existing injuries and determine how they were affected by a car accident. Often, this medical evidence is crucial when pursuing compensation for pre-existing injuries. Doctors’ notes, X-rays, CT scans, and other medical data can help illustrate how the car accident worsened specific conditions.
If this is not enough, experienced car accident lawyers can call upon expert medical witnesses to testify on behalf of their injured clients. These medical experts can explain to the court how the specific condition was exacerbated by the accident. In the case of a pre-existing brain injury worsened by a collision, it may be necessary to collect evidence for psychological (non-economic) damages. This may involve evaluations from mental health professionals, journal entries, and more. Speak with Shillen Mackall Seldon & Spicer to learn more about whether pursuing non-economic damages for a pre-existing injury could be possible.
When Is a Pre-Existing Injury Unaffected by Car Accidents?
A pre-existing injury could be unaffected by a car accident in various ways. For example, a driver might strike their head on the steering wheel after a head-on collision. If they have a pre-existing soft-tissue injury in their ankle, the car accident is unlikely to affect it. As a result, the motorist would only be able to pursue compensation for their head injury – and not the pre-existing ankle injury.
Another example might involve a driver with pre-existing, disfiguring facial burns. If their car accident causes a shattered kneecap, they would be unable to pursue additional compensation for the pre-existing burns.
Discuss Your Legal Options With Shillen Mackall Seldon & Spicer
Compared to new conditions, pre-existing injuries can pose complex challenges for victims seeking compensation after accidents. An experienced auto accident lawyer in Vermont, New Hampshire, or Florida may be able to help victims with pre-existing injuries overcome these challenges. That being said, online research may only provide broad information – and it cannot offer targeted guidance based on the unique circumstances of each specific case. For more personalized legal advice, victims may wish to speak directly with lawyers during consultations. Continue this discussion by calling Shillen Mackall Seldon & Spicer today at (802) 457-4848.