Managing Partner
Key Takeaway: Yes, the at-fault party can be held liable for aggravating a pre-existing injury. Proving how they aggravated your injury is challenging, so you should retain an experienced Long Island personal injury firm to gather medical evidence and pursue your claim.
Getting into a car accident can not only leave a victim with serious injuries but also aggravate pre-existing ones. A victim may be concerned about whether the at-fault party can be held liable for making those prior injuries worse. The good news is that they can.
However, proving how the at-fault party actually aggravated your injury will be challenging. You should retain an experienced Long Island personal injury firm to assist you in making the case. Find out what Dell & Dean, PLLC can do for you.
You Are Eligible for Compensation Even With a Prior Injury
A car accident victim does not have to be in perfect health to pursue a personal injury claim. Many individuals are still recovering from an injury, have chronic conditions, or are otherwise in less than perfect health. But they can still pursue a case against a negligent party.
Various accidents can worsen a pre-existing injury. Here are some examples:
- Prior traumatic brain injury (TBI): If a person has a history of concussions or TBIs, subsequent blows to the head could make them vulnerable to more TBIs. They may be at a higher risk for losing consciousness, experiencing amnesia, or undergoing adverse cognitive changes.
- Prior back injury: Anyone who has had a back injury in the past understands the risks that come with further trauma to the area. However, this is exactly what a car accident causes. And the victim can claim damages for the aggravated back injury.
- Prior bone-related conditions: Someone who has osteoporosis may be more prone to suffer a bone fracture in an accident. The same is true for those with compromised immunity systems. Simply being more susceptible to broken bones doesn’t lessen the liable party’s fault.
New York follows the eggshell plaintiff rule which means that a defendant has to take a plaintiff as they find them. In other words, the defendant may be liable for aggravating a pre-existing injury, to the extent that they worsened the condition.
Understanding Insurance Tactics
Insurers often want victims to believe that if they have a prior injury they cannot recover anything in a subsequent car crash. The goal is to discourage the victim from pursuing a claim that the insurer has to pay. You will need a Long Island accident attorney to counter their tactics.
For example, you can expect the insurance company to closely examine your medical records and try to bring up anything that hints at a prior injury. Do not let this approach intimidate you. Rather, trust your lawyer to handle medical records requests and their role in the case.
One thing you should make sure to do: talk to an attorney before talking to the insurer. Remember, the insurance company is not looking out for you. They will ask questions designed to solicit evidence that they can try to use against you.
Compelling Evidence for Your Accident Case
The first thing you should do after being in a car crash is to get immediate medical attention. You want to avoid any gaps between the accident and when you see a doctor, especially if you have a prior injury. Documenting this visit to the doctor provides evidence in your favor.
So, too, does documentation of your past injury or condition. Here are some records you can begin collecting now:
- Past treatment records, including doctors’ notes, medical bills, and prescriptions
- Imaging test results, such as MRIs and CT scans
- Physical therapy and rehabilitation records
- Work records, including anything that documents your prior or current limitations
The victim in a Long Island car accident bears the burden of compiling and presenting this evidence. This is typically done with the assistance of counsel through the process of discovery.
How Courts Will Evaluate Your Claim
Juries closely examine prior and current medical records, along with prior and current symptoms and limitations. The goal is to compare what condition you were in before, what condition you are in now, and how the at-fault party caused the difference.
Put another way, the court wants to distinguish between your prior injury and how the accident aggravated it. The evidence may show that your old injury had stabilized or was improving before the accident. A sudden change in your condition can point to the defendant’s liability.
Medical doctors can also provide key testimony in depositions or court. Your treating physicians can shift the court’s attention away from simply your pre-existing condition to how the at-fault driver or other party made it worse.
The at-fault party’s insurer may request an independent medical examination or IME to evaluate you. Judges take IMEs into consideration, but they also realize that the physician conducting this exam works for the defense. Be honest during the exam and let your attorney guide you.
Do Not Let a Pre-Existing Injury Discourage You
No matter what condition you were in at the time of the accident, don’t neglect to speak to a Long Island car accident lawyer. Your attorney can review your situation and develop a strategy to seek the compensation you deserve. Contact Dell & Dean, PLLC to start your case now.
