Everyone has old injuries that have since healed or remain a nagging, chronic condition. This normal fact of life will not hurt your car crash claim as long as you can prove the accident aggravated your condition. In fact, aggravation of an existing injury can sometimes be easier to prove than a new injury, especially when the vehicle sustains only minor damages.
Hirsch & Lyon Accident Law P.L.L.C. is a premier boutique personal injury law firm that focuses on auto accident claims. Our attorneys have substantial experience in proving traffic injuries and recovering the maximum possible damages. We can help make you whole after a car crash worsened your medical condition.
Countering Defense Tactics
You must prove causation to collect compensation. This means that your accident directly caused your injuries, which resulted in damages. Specifically, to counter this element, insurance companies and defendants commonly claim the victim was already injured before the accident and thus is not entitled to compensation.
You may, in fact, have a preexisting medical condition. But contrary to the defense tactic, you may be entitled to damages if the crash aggravated your condition.
Defendants Take their Plaintiffs As They Are
Under tort law, you take the plaintiff as you find her. In layman’s terms, this means the defendant cannot claim the plaintiff was already injured, sick or frail and that further damage is her problem. The defendant is responsible for whatever harm the accident caused to the plaintiff regardless of the plaintiff’s precrash condition.
For example, a professional linebacker might not be injured when a car rear-ends his vehicle. He is at the height of fitness and is trained to take forceful blows to his body. A car crash is likely to affect him differently than a petite woman with osteoporosis or a man with a preexisting herniated disk. However, the law does not hold the already weakened conditions against the plaintiffs no matter how a stronger person would have fared.
Proving Aggravation of a Medical Condition
You must prove a preexisting condition just as you would a new injury, through detailed analysis of your health before and after the accident. A healthy person generally does not have images, doctors’ notes and other test results. You likely do have this valuable evidence if you have a pre-existing medical condition. The existence of before and after information is an advantage to proving aggravation of a pre-existing condition. Our attorneys use your doctors’ notes, diagnostic test results and treatments as a base for proving your condition at the time of the crash. We can then show how the crash worsened your condition.
Learn More About Recovering for Damages for Aggravation of Your Preexisting Condition
An auto accident can aggravate a previous injury or illness. The fact that the condition already existed does not harm your case. Learn more about proving aggravation of a preexisting condition at a free case evaluation at Hirsch & Lyon Accident Law. Call our Phoenix auto accident law firm at 602-535-1900 for more information about your rights and options for recovery.