Pre-existing conditions can be re-aggravated when involved in a car accident. Even though you may have already been suffering from a condition you previously sustained, you may be able to recover losses associated with the accident through a personal injury claim if the other party's negligence caused it.
You must prove that the accident aggravated your previous injury, but how do you accomplish this? Continue reading for more information. However, it's in your best interest to speak with an NJ car accident lawyer in cases like this, as they can help you file a successful claim as they can be quite complex.
The mission of the insurance company is to give you the least amount possible, so if they can argue that your injury was pre-existing and was not impacted by the injury, they may attempt to deny you any compensation.
Brandon J. Broderick, Attorney at Law has helped clients just like yourself get through difficult cases and get the compensation they are entitled to.
Evidence To Prove a Pre-Existing Condition Is Aggravated By a NJ Car Accident
There's not a single method as each case is unique. The proof needed to prove your preexisting condition has worsened will differ depending on the circumstances. Evidence to prove an aggravation of a preexisting condition can be everything from medical records and employment records, to injury witnesses and previous hobbies.
Medical Records: Past vs. Present
The majority of preexisting condition cases require that you the victim provide previous medical records to demonstrate their course of treatment before the accident. For example, if an X-ray or an MRI was done previously, it's easy to show and prove any new damage that was done. Or, you may have recovered from an injury, and then, had to understand treatment for that same injury following an accident.
Employment Records
Whether you are claiming a change of condition or not, employment records can be helpful in supporting your case. An aggravation of a preexisting injury is evident if you barely missed work but have become unavailable after the accident. Or, if your employer shows that your employment status is no longer active due to an injury, that's a good indication that can be used as proof.
Witnesses
A witness can provide a statement and testimony that your condition has altered from before to after the accident. A witness could be one of your neighbors, a coworker, or your employer, even family or friends, though the latter are sometimes not believed.
Hobbies And Activities
It may be a strong indication of aggravation if the person who was injured enjoyed physical activities like cycling, going to the gym, or fishing, and was forced to give them up. To demonstrate a change in physical condition, contracts, workout partners, and fishing friends can act as witnesses in your case or provide statements.
Common Pre-Existing Conditions Affected by in NJ Car Accidents
Car crashes usually result in violent impacts, which can worsen a pre-existing injury significantly. Examples of common pre-existing injuries that are re-aggravated include:
- Herniated discs
- Broken bones that are recently healed
- Back injuries
- Arthritis
- Joint injuries (knee, shoulder, etc.)
- Concussions
"Eggshell Skull Doctrine"
Many states, including New Jersey, have enacted a law called the "Eggshell Skull Doctrine" for people with pre-existing conditions. This law basically says that those who already had injuries should be compensated for their injuries, even if their current injuries would not have been as severe if they hadn't already had the prior condition.
When there are pre-existing conditions, there are things that must be proven to be successful in a lawsuit for compensation. Ideally, medical records will demonstrate that the condition was stable at the time of the accident and that there is no reason to think it would have become worse. Although some healthy individuals might not sustain injuries in the same accident scenario as an eggshell plaintiff, this does not absolve the at-fault driver of responsibility for the total damages their negligence causes. Rather, it simply indicates that an individual's pre-existing injury or general health condition makes them more vulnerable.
Need Legal Help With Your Injury Claim? We Are One Phone Call Away
Regardless of prior injuries, no one expects to be injured further in a car accident. Fortunately, if you are, you are still eligible for compensation. When you or a loved one is hurt in any kind of vehicle accident brought on by the carelessness of another, count on Brandon J. Broderick to fight for the just compensation you deserve.
Call us today and let's discuss your case and your options.