Claiming a Car Accident Caused Pre-Existing Conditions to Become Worse

Although a car accident can result in sudden physical injuries, sometimes it can also cause a pre-existing condition to worsen. Of course, the insurance company will do everything it can to deny the accident had anything to do with it because they do not want to pay out more than is minimally necessary.

Thus, it’s important to collect as much as evidence as possible to substantiate claims that a car accident worsened the injuries.

Can I recover compensation for a pre-existing condition made worse by a car accident?

Typically insurance companies only look at new injuries in a car accident claim. But there are circumstances in which an auto accident can worsen a pre-existing condition.

For instance, if a driver has an existing shoulder injury and an auto accident causes it to become dislocated and the injury becomes worse, any additional effects of the accident will be considered in the accident claim.

But it’s not just physical conditions that could be an issue. If someone has a pre-existing condition of a psychological nature—such as anxiety—and the events of the crash trigger a relapse, this may be addressed in a claim.

Granted, it isn’t always easy to distinguish between an old and new injury. Therefore, it’s usually beneficial to seek legal help.

How can I prove that a pre-existing condition became worse as a result of a car accident?

One of the best ways to establish a car accident made an injury worse is through medical records. First, the claimant should present evidence of the initial injury that existed before the latest accident. Medical records or testimony from a treating physician are some of the ways to establish the extent of the existing injury and its severity.

Second, there must be evidence that shows the condition was made worse because of the accident. Shoulder X-rays taken directly following the accident may be compared to previous X-rays. One’s Denver accident attorney could use evidence indicating that the patient had not experienced pain from the previous shoulder injury since before the most recent accident occurred.

Or a psychologist might be able to provide testimony that an individual with anxiety disorder had been able to manage symptoms for several months but the traumatic event of the car accident caused a relapse.

There is no question that several challenges may arise in this type of situation. Again, this is why it’s important to seek legal representation when handling a case such as this.

Will an attorney be necessary if a car accident worsened a pre-existing condition?

With the unique circumstances in this type of case, injured drivers should consult an attorney. In some situations it may require expert medical testimony, which an attorney would be able to secure from relevant medical experts in the field.

Contact D.J. Banovitz at 303-300-5060 for help with an injury claim. He will explain legal options available and the types of evidence that may be necessary to build a strong case. Contact us today to set up a free initial consultation.

D.J. Banovitz’ career has always concentrated on trial practice and he has litigated hundreds of cases. His passion and sole career focus has been to seek justice for people suffering from personal injuries as the result of someone else’s negligence. The hallmark of the Law Office of D.J. Banovitz, is the total commitment to professionalism, quality, and personalized care of your injury case. D.J. has dedicated his professional life to helping those most in need and is a proud and active member of the Colorado Trial Lawyers Association. His experience includes volunteering for Colorado Rural Legal Services in Montrose, the Colorado Aids Project, consumer law, family law, criminal defense, and Alternative Defense Counsel for juveniles in Denver.