Yes, you can collect compensation for the aggravation of a preexisting injury. However, preexisting conditions can complicate your claim in ways most injury victims do not foresee.
If you were involved in an accident recently, S. Burke Law can help guide you through the complications your preexisting injuries can create in your case. Dealing with the pain and inconvenience of an injury is stressful enough. Fighting with insurers about when and how you sustained the injury can be even worse. Call S. Burke Law now to discuss your case with our team for free: 404-842-7838.
How Can I Recover Compensation for Aggravation of a Preexisting Condition?
Most people believe they can only recover compensation for new injuries they sustain in a car accident or slip and fall. However, if the accident caused the aggravation of a preexisting condition, you deserve compensation for that.
Consider the following: you broke your back six months ago. Your back had mostly healed, but when you were rear-ended two months ago, the impact refractured your weakened vertebra. As this impact exacerbated your broken back, you deserve compensation for any costs associated with the exacerbation.
This might include ambulance transport, surgery costs, pain medication, lost wages, lost earning capacity, pain and suffering, lost quality of life, etc.
What If the Insurer Tries to Blame My Pain on a Preexisting Condition?
In some cases, the insurer will claim that your current pain is entirely due to a preexisting injury and that you did not suffer injury in the accident in question at all.
For example, say someone rear-ended your car a month ago. And you have experienced excruciating back pain since the incident. Your symptoms are the following:
- Back pain
- Muscle weakness
- Muscle spasms
- Tingling reaching your extremities
If you recently suffered from a herniated or bulging disc, the insurer might claim your pain is due to that existing injury.
If the insurer attempts to blame your pain on an existing injury, we can work with medical experts to prove that your preexisting injury was exacerbated by the impact of your car accident, slip and fall, or other accident.
We can also interview friends, family, and coworkers who can attest to how the accident or slip and fall has affected your lifestyle. For example, you may have had a limp because of a preexisting knee injury prior to a car accident. If you now need to use a wheelchair after your accident, this is a very simple way of demonstrating your lifestyle change.
In addition, change in your own behavior helps your case. If you played in a rec softball league prior to your injury that you can no longer participate in, this influences your case. Written or verbal testimonies from the people you participated in these activities with can help prove a significant, if not permanent, change in lifestyle.
Is There A Way I Can Prevent the Insurance Company from Blaming My Pain on a Preexisting Injury?
The best way to prevent the insurer from blaming your current pain on a preexisting injury is to keep them from finding out about the injury at all.
After an accident, insurers often request access to an injured party’s medical records, saying that they need them to substantiate the injury in question. What most people do not know is that a medical records release often gives the insurer access to your entire medical history. This allows them to examine your medical records in the hopes that you have a similar preexisting injury they can blame your pain on.
To keep the insurer from finding out about your preexisting injury, we will ensure the medical records release stipulates that the insurer only has access to the medical records related to the accident. Without the record of an injury, the insurer cannot blame your current pain on it.
Call An Atlanta Personal Injury Lawyer
Dealing with accidents and injuries is something no one wants to do. But, unfortunately, it is often a part of life. S. Burke Law understands how difficult it is to collect damages even when you had a clean bill of health prior to your accident. Attempting to prove your pain stems from the accident in question instead of a preexisting injury is a frustrating task.
S. Burke Law wants to take that burden off your shoulders. We have been fighting to prove clients’ injuries for over 20 years and we can help you, too. While we cannot guarantee you a set amount of damages in your preexisting injury claim, we can offer guidance and information as part of our consultations. And remember, our consultations are always free. Give us a call today: 404-842-7838.