If car accident injuries made a pre-existing condition worse, it may be possible to recover compensation if the other party is found to be at fault. However, this can be very difficult to prove, and the amount recoverable may be impacted by the presence of a previous injury. It may be helpful to seek case-specific legal advice from a Denver car accident attorney.
Impact of a Pre-Existing Condition in a Car Accident Injury Claim
New injuries, or those that never previously existed and arose out of the accident, would, of course, be included in an auto accident claim. But any previous injuries or medical conditions must be disclosed when filing a claim. Failure to do so could destroy a claim and prevent the recovery of damages. Work with your Denver car accident attorney to ensure compliance with all requirements.
However, if a pre-existing condition was made worse by the recent accident, the amount of compensation available may be less than what would be recovered had the initial injury been caused by the accident.
For example, an injured person already had back problems, which are documented in medical records. If after the accident it’s discovered the person has a bulging disc, it could be difficult to determine if the accident was the reason for the disc problem. As a result, a Denver car accident attorney may enlist the help of a medical expert.
With testimony it may be proven that the back injury was made worse by the accident. However, the degree to which this is true will likely impact how much can be recovered. If a previous injury made a driver more susceptible to the current car accident injuries or if it’s found that the current injuries would not be as significant if not for the pre-existing condition, recovery of damages may be affected.
In some cases it may be possible to receive a full recovery of damages if there had not been problems with the old injury for a significant period of time. Let’s say that ten years ago, the individual had a neck injury.
During this time it had healed and there had been no aftereffects, such as pain or discomfort. As a result of the accident, symptoms develop from a new car accident injury that would not have otherwise been there. There is the possibility these would be considered new injuries.
Should I talk with a Denver car accident attorney if I was injured in an accident and had a previous injury?
Since car accident cases are typically much more complicated if there is a pre-existing condition, it may be beneficial to speak with a Denver car accident attorney for legal assistance. Legal counsel can help evaluate medical records and work with medical experts to determine whether a previous injury or condition may have been made worse by the accident. This can help determine the viability of an injury claim to recover damages related to the current car accident injuries.