Car accidents can lead to a wide range of injuries, from minor bruises to more severe, life-altering conditions. If you have a pre-existing medical condition and are involved in a car accident in New Jersey, you may wonder how this will impact your personal injury claim. While a pre-existing injury or condition may complicate a claim, it does not necessarily prevent an accident victim from recovering compensation. Understanding how New Jersey law treats pre-existing conditions in car accident claims is important when seeking compensation for your losses.
In this article, we will explore how a pre-existing condition can influence a car accident claim in New Jersey, what you need to know to protect your rights, and what steps you should take to maximize and increase your chances of obtaining fair compensation.
If you need legal support, call the accident lawyers at Brandon J. Broderick, Attorney at Law. We have extensive experience in helping clients who have been involved in an accident.
Pre-Existing Conditions in NJ Car Accidents
What is a Pre-Existing Condition?
A pre-existing condition is any medical condition that existed before the car accident occurred. This could include chronic conditions like arthritis, previous injuries such as a herniated disc, or ongoing health issues like diabetes. When a person with a pre-existing condition is involved in a car accident, the accident may exacerbate the existing condition or cause new injuries.
While pre-existing conditions are unfortunate, insurance companies will attempt to use it to their advantage, often scrutinizing claims involving pre-existing conditions more closely. The insurance company may argue that the injuries the claimant is experiencing are not related to the accident but are instead the result of their pre-existing condition. However, this is not always the case, and New Jersey law allows for compensation even when pre-existing conditions are involved.
The "Eggshell Skull" Rule
New Jersey follows the "eggshell skull" rule, a legal principle that protects individuals with pre-existing conditions in personal injury cases. Under this rule, a defendant cannot avoid liability simply because the plaintiff had a pre-existing condition that made them more susceptible to injury. In other words, the defendant is responsible for the full extent of the harm caused by their negligence, even if the injuries are more severe because of the plaintiff's pre-existing condition.
For example, if you have a pre-existing back condition and a car accident worsens your condition, the at-fault party can still be held liable for the aggravation of your injury, even though the underlying condition existed before the accident.
How Pre-Existing Conditions Impact a Car Accident Claim in NJ
Proving Causation
One of the key challenges in a car accident claim involving a pre-existing condition is proving causation. You must demonstrate that the car accident either caused a new injury or aggravated your pre-existing condition. This can be difficult, as insurance companies may argue that your current symptoms are solely the result of your pre-existing condition and not the accident.
To overcome this challenge, you must provide thorough medical documentation that shows the difference in your condition before and after the accident. This may include medical records, imaging studies, and testimony from medical professionals who can explain how the accident impacted your health.
Medical Evidence
Medical evidence is important in cases involving pre-existing conditions. Your medical records before the accident can serve as a baseline to show how the accident worsened your condition. After the accident, it is important to seek medical attention promptly and follow through with all recommended treatments. This will create a clear record of your injuries and how they were affected by the accident.
In some cases, you may need to obtain an independent medical examination (IME) to provide an objective assessment of your condition. An IME can help establish a clear connection between the accident and the exacerbation of your pre-existing condition, strengthening your claim.
Comparative Negligence in New Jersey
New Jersey operates under a comparative negligence system, which means that if you are found to be partially at fault for the accident, your compensation may be reduced by your percentage of fault. However, in cases involving pre-existing conditions, the focus is more on the causation and extent of the injuries rather than fault.
It is important to note that the presence of a pre-existing condition does not automatically reduce your compensation. The key is to prove that the accident exacerbated your condition and that the at-fault party is responsible for the additional harm caused.
Maximizing Compensation for Car Accident Claims Involving Pre-Existing Conditions
To maximize your chances of recovering fair compensation in a car accident claim involving a pre-existing condition, consider the following steps:
- Document Your Pre-Existing Condition: Ensure that you have comprehensive medical records detailing your pre-existing condition before the accident. This will serve as a baseline for comparison after the accident.
- Seek Immediate Medical Attention: After the accident, seek medical attention as soon as possible, even if you do not feel immediate symptoms. This will help establish a link between the accident and any worsening of your condition.
- Follow Through with Treatment: Adhere to all recommended medical treatments and keep detailed records of your medical visits, treatments, and any changes in your condition.
- Consult with an Experienced Attorney: An experienced personal injury attorney can help you navigate the complexities of a claim involving a pre-existing condition. They can assist in gathering evidence, negotiating with insurance companies, and advocating for your rights.
Call Brandon J. Broderick For Legal Help
Navigating New Jersey car accident claims can be challenging. Fortunately, you do not need to do it alone. The experienced car accident lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.
Contact us now for a free legal review.